Judge: Nick A. Dourbetas, Case: 2020-01155502, Date: 2023-06-16 Tentative Ruling

Motion for Summary Judgment and/or Adjudication

Defendants / Respondents City of Fountain Valley and Fountain Valley Police Department’s motion for summary adjudication of the first and second causes of action of Plaintiff Devon Taylor’s Complaint is GRANTED.  (Code Civ. Proc., § 437c [authorizing summary adjudication.)

Moving parties have presented evidence showing that Plaintiff cannot establish an essential element of the first cause of action for relief under the Public Safety Officers Procedural Bill of Rights Act [POBRA], as moving parties complied with POBRA in all respects.  (Code Civ. Proc., § 437c [burden]; Gov’t Code, §§ 3303, 3304, §3305, §3306.5 [POBRA provisions allegedly violated]; Moving Parties’ Separate Statement, Fact Nos. 2, 3, 5-8, 10, 15020, 24-26, 28, 30-34, 41-45 [compliance with POBRA].)  Plaintiff has not filed any opposition and has thus not met his shifted burden of presenting evidence sufficient to create a triable issue of material fact as to moving parties’ compliance with POBRA.  (Code Civ. Proc., § 437c [burden].)

Plaintiff’s second cause of action for declaratory relief is derivative of the first cause of action; summary adjudication is thus granted as to the second cause of action for the same reasons.  (Code Civ. Proc., § 437c [burden]; C.J.L. Construction, Inc. v. Universal Plumbing (1993) 18 Cal.App.4th 376, 390, citing Standard Brands of California v. Bryce (1934) 1 Cal.2d 718, 721 [“When … the cause of action has already accrued and the only question for determination is the ultimate liability of one party on account of consequential relief to which another is shown to be entitled, it has been held that the nature of the action is not a cause for declaratory relief but is defined by the subject matter of the accrued cause of action”].)

Moving party shall give notice.