Order_proposed_order_on_motion_for_summary_judgment

Motion

Cal. Super. - 2nd Dist.April 19, 2018

© 0 9 O N nn BA W W ND = El ec tr on ic al ly Re ce iv ed 06 M 8/ 20 20 02 :4 3 Pi DN D o N o NN \ } \ } NN NN — — — — — — — — — — J AN Wn EE N Ww N o —_ oS \ O o o J aN Wn EE N Ww N o p— oS DN co JAMES P. HART, JR., ESQ. (State Bar No. 156697) LAW OFFICE OF CRAIG A. HOLTZ 100 West Broadway, Suite 1150 Glendale, California 91210 Telephone: 818-539-2120 Facsimile: 877-613-3298 Attorney for Defendant, ROSE BOWL AQUATICS CENTER SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT - SPRING STREET Case No.: BC703272 Assigned to: Hon. David M. Crowley; Dept. 28 BRETT BELL, Plaintiff, [PROPOSED] ORDER ON MOTION FOR SUMMARY JUDGMENT/ADJUDICATION OF ROSE BOWL AQUATICS CENTER VS. CITY OF PASADENA, a Public Entity; ROSE BOWL AQUATICS CENTER, a California Reservation No.: N r N N N N N N N N N N N N Domestic Non-Profit Corporation; and DOES 1 Hearing Date: through 30, inclusive, Time: _ Dept.: 28 Defendants. Action Filed: April 19, 2018 Trial Date: October 2, 2020 On at .m. in Dept. 28 of the above-entitled court, the Motion for Summary Judgment, or in the alternative for summary adjudication of causes of action of defendant ROSE BOWL AQUATICS CENTER on the operative complaint of Plaintiff BRETT BELL came on for hearing. Appearances of counsel are noted in the record. The COURT, having considered the moving papers, any in opposition and reply and any applicable oral argument thereon, the court rules as follows: The court rules as follows on any objections to evidence by the parties: [All objections to movant’s evidence are overruled]_[Not applicable] 1 [PROPOSED] ORDER ON MOTION FOR SUMMARY JUDGMENT/ADJUDICATION OF ROSE BOWL AQUATICS CENTER © 0 9 O N nn BA W W ND = NN N N N N N N N N m e e m e m e m e m p m e m e m 0 NN O N BRA W N R O O O 0 0 N D R A W = O 1 The court finds the following facts in movant’s separate statement to be undisputed: [All] ___ ] The court makes the following findings: [There is no triable issue of material fact as to the lack of breach of any duty by the movant owing to Plaintiff.] [and/or] [There is no triable issue of material fact as to movant’s conduct not being a substantial factor in causing harm to the Plaintiff.] [and/or] [There is no triable issue of material fact as to the complete affirmative defense of primary assumption of risk.] [The motion for summary judgment is GRANTED. ] [Summary adjudication is GRANTED as to the following causes of action: [second cause of action for premises liabilty]; [third cause of action for negligent supervision]; [fourth cause of action for negligence.]] Movant is awarded costs against Plaintiff pursuant to a cost bill to be filed with the Court. Dated: JUDGE OF THE SUPERIOR COURT 2 [PROPOSED] ORDER ON MOTION FOR SUMMARY JUDGMENT/ADJUDICATION OF ROSE BOWL AQUATICS CENTER © 0 NN O N n n BR W N = p — NN = O [] N N N N N N NY = m e m em e s e e ~N O N A W D = O O 0 0 N N N Ww DN oo PROOF OF SERVICE I, the undersigned, declare as follows: I am employed in the County of Los Angeles, State of California. I am over the age of 18 years, and not a party to the within action. I am an employee of or agent for LAW OFFICE OF CRAIG A. HOLTZ, whose business address is 100 West Broadway, Suite 1150, Glendale, California 91210. On June 17, 2020, I served the foregoing document(s): PROPOSED] ORDER ON MOTION FOR SUMMARY JUDGMENT/ADJUDICATION OF ROSE BOWL AQUATICS CENTER to the following party(ies) in this action addressed as follows: PLEASE SEE ATTACHED SERVICE LIST [] (BY MAIL) 1 caused a true copy of each document, placed in a sealed envelope with postage fully paid, to be placed in the United States mail at Glendale, California. I am “readily familiar” with this firm’s business practice for collection and processing of mail, that in the ordinary course of business said document(s) would be deposited with the U.S. Postal Service on that same day. 1 understand that the service shall be presumed invalid if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained in this affidavit. (BY PERSONAL SERVICE) 1 caused to be delivered each such document by hand to each addressee above. (BY CERTIFIED MAIL — CCP §§1020, et seq.) 1 caused said document(s) to be deposited with the United States Mail, postage prepaid, return receipt requested, signed by addressee that said documents were received. [] (BY OVERNIGHT DELIVERY) I caused a true copy of each document, placed in a sealed envelope with delivery fees provided for, to be deposited in a box regularly maintained by Federal Express®(FedEx). I am readily familiar with this firm’s practice for collection and processing of documents for overnight delivery and know that in the ordinary course of business practice the document(s) described above will be deposited in a box or other facility regularly maintained by Federal Express or delivered to a courier or driver authorized by Federal Express to receive documents on the same date it is placed for collection. [] (BY FACSIMILE) By use of facsimile machine number (877) 613-3298, I served a copy of the within document(s) on the above interested parties at the facsimile numbers listed above. The transmission was reported as complete and without error. The transmission report was properly issued by the transmitting facsimile machine. 4 (BY ELECTRONIC SERVICE) Based on an agreement of the parties to accept service by electronic transmission, in lieu of personal service on June 18, 2020, I caused the documents to be sent to the persons at their electronic notification addresses. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. Executed on June 17, 2020, at Santa Claria, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Ja James P. Hart, Jr. FILE NO. 18-009003 © 0 NN O N n n BR R W N = N N N N N N N N O N E E m e m e m e m p m e m p m e m 00 NN NN RA W N D = O O N S N R E W I N D = O BRETT BELL v. CITY OF PASADENA; et al. SERVICE LIST Michael P. O’Connor, Esq. THON BECK VANNI CALLAHAN & POWELL The Commons 140 S. Lake Ave., Suite 208 Pasadena, CA 91101 T: 626.795.8333 F: 626.449.9933 Email: moconnor@thonbeck.com Email: ngaffney@thonbeck.com [Attorney for Plaintiff, BRETT BELL] Robert T. Bergsten, Esq. Matthew G. Evans, Esq. HOSP, GILBERT & BERGSTEN 301 N. Lake Ave., Suite 410 Pasadena, CA 91101 T: 626.792.2400 F: 626.356.9656 Email: rbergsten @hosplaw.com Email: mevans@hosplaw.com Legal Secretary Ruth Valle’s Email: rvalle@hosplaw.com Email: ehorning@hosplaw.com [Attorneys for Defendant, USA SWIMMING INC. (Doe 11)] FILE NO. 18-009003