Motion for Summary Judgment

Cal. Super. - 2nd Dist.March 14, 2016

123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: VENTURA DIVISION February 01, 2018 02/05/2018 08:20:00 AM DEPT.: 20 COUNTY OF VENTURA JUDICIAL OFFICER: Rocky Baio CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Civil - Unlimited PI/PD/WD - Other 56-2016-00479252-CU-PO-VTA ALLEGRO VS. CITY OF SIMI VALLEY Motion for Summary Judgment - on the First Amended Complaint of Plaintiff CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment, 11/17/2017 stolo No notice of intent to appear is required. If you wish to submit on the tentative decision, you may submit a telefax to Judge Baio's secretary, Art Alvara at 805-477-5892, stating that you submit on the tentative. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. COURT'S TENTATIVE RULING OPERATIVE DOCUMENT Motion for Summary Judgment on First Amended Complaint (Unopposed) RULING AND REASONS Grant the motion for summary judgment as to the First Amended Complaint for "Dangerous Condition of Public Property Pursuant to Gov. Code §830 et seq. Defendant American Landscape, Inc., sued as Doe 1, met its burden on this motion under CCP 437c(p)(2). The burden shifted to Plaintiff Charles P. Allegro to establish a triable issue. Plaintiff has not established a triable issue, and in fact, on January 10, 2018, filed a Notice of Non-Opposition to this motion. Defendant has established that it is not a public entity for purposes of liability under Gov. Code §835. It is undisputed that American Landscape is a private company which performs landscaping and construction services. (Undisputed material fact number 8.) Also, this motion was originally filed as a MSJ on the FAC and the XC of Simi Rec. and Park. However, Simi Rec. and Park subsequently filed a FAXC and American Landscape then filed a notice of withdrawal of the MSJ as to the XC. Therefore, the MSJ as to the XC is moot. TENTATIVE RULINGS Page: 1