Judge: Steven A. Ellis, Case: 22STCV25910, Date: 2025-01-28 Tentative Ruling

Case Number: 22STCV25910    Hearing Date: January 28, 2025    Dept: 29

Lievano v. City of Compton
22STCV25910
Defendant’s Motion for Summary Judgment

Tentative

The Court will call this matter.

The Court will hear from counsel on all issues relating to this motion, including, but not limited to, the following questions that the Court has for the parties:

First, Defendant, as the party moving for summary judgment, has the initial burden of presenting facts to show “that one or more elements of the cause of action ... cannot be established, or that there is a complete defense to the cause of action.” (Code Civ. Proc., § 437c, subd. (p)(2).)  What facts are there in this record to show that Plaintiff cannot establish that there was a dangerous condition?

Second, what facts are there in this record to show that Plaintiff cannot establish that Defendant had actual or constructive notice of the condition?

Third, Defendant argues that Plaintiff did not meet her burden of pleading the absence of a trivial defect.  In what way does the operative complaint fail to plead this?  And, if this argument has merit (which is not at all clear), should the Court treat the summary judgment motion as a motion for judgment on the pleadings and, if it is granted, give Plaintiff leave to amend?

Fourth, Defendant questions whether Plaintiff exercised due care.  Is this a matter of comparative fault (in which case it is a question for the trier of fact) or is there some evidence that would show that Plaintiff cannot establish an element of her cause of action or that there is a complete defense to the cause of action.

Fifth, Defendant raises issues of immunity.  What facts are there in this record to show that, as a matter of law, Defendant has a complete immunity defense to Plaintiff’s cause of action.

Sixth, Defendant objects to the declaration of Plaintiff’s expert witness Philip Rosescu, arguing that Plaintiff did not properly or timely designate the expert.  Should the Court sustain the objection?

Seventh, Defendant objects to the deposition transcript excerpts presented by Plaintiff, arguing that Plaintiff failed to provide a copy of the certification.  This appears to be a technical objection that could be remedied.  Should the Court continue the hearing to give Plaintiff the opportunity to remedy this objection?