Tentative Rulings, Nevada City - Law and Motion

 

82887 Harkey v Forest Springs 

Defendants Motion for Summary Judgment is granted.

Request for Judicial Notice

Defendants Request for Judicial Notice is granted.

Objections to Evidence

Defendants Objections are sustained in their entirety (vague, irrelevant, lacks foundation).

Standard of Review

The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing
party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182-83; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; Hinesley v. Oakshade Town Center (2005) 135 Cal. App. 4th 289, 294.

Analysis

The two causes of action in the complaint are premises liability and negligence. Defendant contends that they have a complete defense to this action as the tree branch over which Plaintiff fell was an open and obvious condition.

The law is clear that an owner has no obligation to protect the invitee against dangers which are known to him, or which are so apparent that he may reasonably be expected to discover them and be fully able to look about for himself. Henderson v. McGill (1963) 222 Cal.App.2d 256, 259.

To argue against this contention, Plaintiff alleges that she was distracted at the time of the incident because she was carrying towels and did not see the branch.

The law is very clear, however, that the relevant inquiry is whether a reasonable person would have discovered the dangerous condition, not whether a distracted plaintiff actually observed the condition immediately before encountering it. See Obrien v. Fong Wan (1960) 185 Cal.App.2d 112. It is undisputed that the alleged dangerous condition was clearly observable to a reasonable person. See Defendants SSUMF Nos. 6 & 7.

Thus, Defendant is entitled to summary judgment.

Moving partys attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.

Angela L. Bradrick, research attorney for the Superior Court of Nevada County, will act as judge pro tem on this law and motion calendar and has issued this tentative ruling. Any party who does not wish to stipulate to her hearing this matter must notify the other parties and then notify the Court's judicial assistant at (530) 265-1380, by 4:00 p.m. on the court day prior to hearing. Since no judge will be available for this law and motion calendar, if any party declines to stipulate, the matter will be continued to July 5, 2019, at 10:00 a.m. If all parties stipulate to Angela L. Bradrick hearing the matter but wish to argue at the hearing, they must notify the Courts judicial assistant by 4:00 p.m. on the court day prior to hearing. If you do not so notify the parties or the Court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.


83796 In re Mancilla 

The unopposed Petition for Approval for Transfer of Payment Rights is granted as prayed. No appearances are required.

Moving partys attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order.

This is the Courts tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the courts law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.

YOU MAY SCHEDULE A TELEPHONIC APPEARANCE (AT LEAST TWO COURT DAYS PRIOR TO HEARING) USING VCOURT AT THE FOLLOWING INTERNET SITE: http://nccourt.net/onlinesvcs/vcourt.shtml


82863 Ambrosio v Larson 

Defendants Stipulated Motion to Continue Trial and Related Dates is granted.

On the courts own motion, the case is reclassified to Class 3, with a new disposition date of 3/14/20.

The currently set Trial, PTC, and MSC dates are hereby vacated.

The new dates are as follows:

Trial: 1/7/20 at 8:30 am in Dept. 6
PTC: 12/20/19 at 11:00 am in Dept. 6
MSC: 12/9/19 at 10:00 am in Dept. 6

Discovery shall remain open based on the new trial date.

Moving partys attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.

Angela L. Bradrick, research attorney for the Superior Court of Nevada County, will act as judge pro tem on this law and motion calendar and has issued this tentative ruling. Any party who does not wish to stipulate to her hearing this matter must notify the other parties and then notify the Court's judicial assistant at (530) 265-1380, by 4:00 p.m. on the court day prior to hearing. Since no judge will be available for this law and motion calendar, if any party declines to stipulate, the matter will be continued to July 5, 2019, at 10:00 a.m. If all parties stipulate to Angela L. Bradrick hearing the matter but wish to argue at the hearing, they must notify the Courts judicial assistant by 4:00 p.m. on the court day prior to hearing. If you do not so notify the parties or the Court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.


83236 Chaney v Wells Fargo 

Mr. Maazs Motion to be Relieved as Counsel is granted.

This order shall become effective upon filing proof of service of the signed order after hearing on clients and opposing counsel.

Moving partys attorney is to submit an order and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.

Angela L. Bradrick, research attorney for the Superior Court of Nevada County, will act as judge pro tem on this law and motion calendar and has issued this tentative ruling. Any party who does not wish to stipulate to her hearing this matter must notify the other parties and then notify the Court's judicial assistant at (530) 265-1380, by 4:00 p.m. on the court day prior to hearing. Since no judge will be available for this law and motion calendar, if any party declines to stipulate, the matter will be continued to July 5, 2019, at 10:00 a.m. If all parties stipulate to Angela L. Bradrick hearing the matter but wish to argue at the hearing, they must notify the Courts judicial assistant by 4:00 p.m. on the court day prior to hearing. If you do not so notify the parties or the Court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.