Motion for Summary Judgment and/or Adjudication of Plaintiff’s Negligent Entrustment Claim; Motion for Summary Adjudication of Plaintiff’s Prayer for Punitive Damages
2024CUPA024383: DANIEL GONZALES CARRILLO vs JACOB GABRIEL SKLAVER 06/18/2026 in Department 41 Motion for Summary Judgment and/or Adjudication of Plaintiff's Negligent Entrustment Claim or in the Alternative, Adjudication of Plaintiff's Prayer for Punitive Damages
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2024CUPA024383: DANIEL GONZALES CARRILLO vs JACOB GABRIEL SKLAVER
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Tentative Decision:
For the reasons stated below, the hearings on both motions are continued to July 29, 2026, at 8:20 a.m. in Department 41.
After the motions were fully briefed, Defendants filed Notices of Errata on June 12 and June 15 relating to both motions and which purport to make clerical corrections or correct the identification of the issue presented. The Court disagrees with Defendants characterization of the effect of the Notices of Errata. The Notice of Errata as to Defendant Barry Sklavers motion for summary adjudication, which relates to the negligent entrustment claim against him and to punitive damages, adds an issue absent from the original separate statement. The Notice of Errata relating to the second motion for summary adjudication of punitive damages enlarges and
2024CUPA024383: DANIEL GONZALES CARRILLO vs JACOB GABRIEL SKLAVER
changes the scope of the issues presented. The requirement of a separate statement from the moving party and a responding statement from the party opposing summary judgment serves two functions: to give the parties notice of the material facts at issue in the motion and to permit the trial court to focus on whether those facts are truly undisputed. (Parkview Villas Assn., Inc. v. State Farm Fire & Casualty Co. (2005) 133 Cal.App.4th 1197, 1210; see also Cal. Rule of Court, rule 3.1350, subd. (d)(1) [requiring separate statements to separately identify matters in issue and their supporting facts].)
When Plaintiff responded to Defendants original separate statements, he did not have notice of the issues set forth in the separate statements submitted with the Notices of Errata. Although Defendants do not assert new facts in support of the new or redefined issues, this does not mean that Plaintiff, in responding to the separate statements as modified, would take the same position in response. Accordingly, the Court is of the opinion that due process requires that Plaintiff be provided with an opportunity to review and consider the new separate statements and respond to them. (San Diego Watercrafts, Inc. v.
Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 316 [Where a remedy as drastic as summary judgment is involved, due process requires a party be fully advised of the issues to be addressed and be given adequate notice of what facts it must rebut in order to prevail.].) And this court is entitled to have these issues fully briefed prior to the hearing.
Plaintiffs revised separate statements, if any, must be served and filed on or before June 30, 2026. Any supplemental opposition in response to each motion is limited to five pages and must be served and filed on or before that same day. Defendants may serve and file a supplemental reply memorandum, limited to five pages, on or before July 12, 2026.
Counsel for Defendants is to give notice of the Courts ruling.
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