Judge: Nick A. Dourbetas, Case: 2020-01174879, Date: 2023-05-19 Tentative Ruling

Motion for Summary Judgment and/or Adjudication

Plaintiffs Dale Domingo, Individually and as Administrator of the Estate of Noah Caleb Domingo’s, and Madelaine Domingo’s Motion for Summary Adjudication is DENIED. (See Code Civ. Proc. § 437c.)

Plaintiffs fail to meet their initial burden to show each element of their second cause of action for wrongful death, social host liability. (See Code Civ. Proc., § 437c, subd. (p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851 [burden].)

A motion for summary judgment is framed by the pleadings. (See Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1258.)

Plaintiff’s complaint alleges that they suffered the following damages: the future loss of financial support which Noah would have contributed during their life expectancies; the loss of gifts and benefits they would have expected to receive from decedent; funeral and burial expenses; the reasonable value of household services Noah would have provided; the loss of Noah’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support; and the loss of Noah’s training and guidance. (Compl. ¶ 43.)

Plaintiffs present no evidence establishing any of these items of damage, thus they failed to meet their initial evidentiary burden for summary adjudication, have failed to establish the element of plaintiff’s damages, and the motion is denied on that basis.

Plaintiffs are ordered to give notice.