MEGAN BROGGER VS. NOCTURNAL CODE, UNKNOWN ENTITY ET AL

Matter on calendar for Tuesday, August 11, 2026, Line 3, CROSS DEFENDANT LISA ROSE's MOTION FOR SUMMARY JUDGMENT.

Cross-defendant Lisa Rose's motion for summary judgment is granted. Based on the deemed admissions of cross-complainant Tatiana Shiff, especially the deemed admissions that Shiff cannot identify any negligent act by Rose and cannot identify any act or omission by Rose that caused the injury claimed by plaintiff Megan Brogger or the movable partition wall to fall, Rose satisfied her summary judgment burden of showing that Shiff cannot prove any of her five claims against Rose. The burden then shifted to Shiff to present admissible evidence that there is a triable issue as to any of her claims. Shiff did not present any such evidence.

The court exercised its discretion to consider Shiff's late-filed opposition papers. Shiff's efforts to dispute facts that she is deemed to admit are not permitted and do not create a triable issue. To the extent that they do not contradict facts that Shiff is deemed to admit, none of the facts presented by Shiff show that Rose committed any negligent act or omission or that Rose was in any way at fault for the injuries claimed by Brogger and thus Rose is entitled to summary judgment on all five of Shiff's claims.

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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

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