Judge: Nathan R. Scott, Case: Maldonado v. Hipolito, Date: 2022-07-22 Tentative Ruling

Stater Bros. MSJ re plaintiff

Defendant Stater Bros. Market’s motion for summary judgment against plaintiff Roque Maldonado is continued to 10/7/22 at 10 am, when motions to contest their good faith settlement are already on calendar.

No further briefing is invited at this time.

Gonzales MSJ re Hipolito Romero

Cross-defendant Araceli Gonzales’s motion for summary judgment against cross-complainant Mario Hipolito Romero is granted.

As Gonzales has no liability to plaintiff (See 7/20/22 order granting summary judgment & 7/21/22 correction), she cannot be liable to Hipolito Romero for equitable indemnity or contribution.  (See, e.g. BFGC Architects Planners, Inc. v. Forcum/Mackey Construction, Inc. (2004) 119 Cal.App.4th 848, 852.)  Consequently, there is no actual controversy requiring a declaration of rights or duties.

Hipolito Romero raises no triable issue of material fact.  (See Opp. at p. 4.)

Gonzales MSJ re Stater Bros.

Cross-defendant Araceli Gonzales’s motion for summary judgment against cross-complainant Stater Bros Market is granted.

As Gonzales has no liability to plaintiff (See 7/20/22 order granting summary judgment & 7/21/22 correction), she cannot be liable to Stater Bros. for equitable indemnity or contribution.  (See, e.g. BFGC Architects Planners, Inc. v. Forcum/Mackey Construction, Inc. (2004) 119 Cal.App.4th 848, 852.)  Consequently, there is no actual controversy requiring a declaration of rights or duties.

Stater Bros. raises no triable issue of material fact. 

Gonzales shall give notice of all three rulings.