Judge: Steven A. Ellis, Case: 21STCV27514, Date: 2023-08-09 Tentative Ruling

Case Number: 21STCV27514    Hearing Date: February 13, 2024    Dept: 29

Motion for Summary Judgment filed by Defendant City of San Gabriel.

Tentative

The Court will hear from counsel.

The Court’s tentative ruling is to continue the hearing on this motion for summary judgment, filed by the City of San Gabriel (“City”), so that it may be heard at the same time as the motion for summary judgment filed by the County of Los Angeles (“County”).

City’s first argument in its motion is that County, and not City, was responsible for maintenance of the portion of road at which the accident occurred.  Unless County agrees, the Court is concerned about the risk of unfairness or inconsistent rulings if the Court were to adjudicate this issue (and potentially other issues) now on City’s motion, and in County’s absence.

Independently, the Court would also like to hear from Plaintiffs regarding their objections to Defendant City’s Statement of Undisputed Material Facts (“DSUMF”).  It is unclear to the Court whether this is a formatting issue or a substantive issue; do Plaintiffs contend that they have been in some way denied fair notice of the evidence that City cites in the DSUMF in support of its motion?

Background 

This case arises out of an alleged accident on November 12, 2020, near the intersection of East Broadway and Burton Avenue in San Gabriel, California.  According to the Complaint, Decedent Mark Anthony Cazares was lawfully operating his vehicle and “struck an uneven and/or broken and/or deteriorating portion of the roadway,” “causing him to lose control,” “collid[e] with a tree,” and sustain injuries that led to his death.  (Complaint, ¶¶ 13-14.)

This action is brought by Plaintiff Victoria Ung, on her own behalf as the surviving mother of the decedent and as successor-in-interest to the decedent; Plaintiff Mark Dino Cazares, on his own behalf as the surviving father of the decedent and as successor-in-interest to the decedent; and “The Estate of Mark Anthony Cazares” (collectively “Plaintiffs”).

Plaintiffs filed the Complaint in this action on July 27, 2021, asserting a claim for premises liability/wrongful death against Defendants City of San Gabriel (“City”); County of Los Angeles (“County”); California Department of Transportation (“DOT”); and Does 1 through 50.

City, County, and DOT each filed an Answer to the Complaint in December 2021.  The Court, at the request of Plaintiffs, dismissed all claims against DOT without prejudice on December 20, 2021.

On August 25, 2023, City filed this motion for summary judgment, along with supporting evidence and a Request for Judicial Notice.  Plaintiffs filed their opposition on December 29, along with supporting evidence, their own Request for Judicial Notice, and objections to City’s evidence.  City filed its reply on January 8, 2024, along with objections to Plaintiffs’ evidence.

The hearing for this motion for summary judgment was originally set for January 12, 2024. The Court, on its own motion, continued the hearing to February 13.