Elizabeth De La Garza vs City of Merced, et al.

23CV-00355 Elizabeth De La Garza vs City of Merced, et al.

Motion for Summary Judgment

Defendant AJG’s motion for summary judgment is GRANTED.

Defendant’s request for judicial notice is GRANTED.

Upon consideration of all the evidence set forth in the moving papers the court finds that there is no triable issue of material fact and Defendant AJG is entitled to judgment as a matter of law.

Defendant filed a separate statement of undisputed material facts, supported by admissible evidence, containing undisputed material facts that negate the element of duty and establish the alleged condition was trivial.

Specifically, Defendant’s UMFs 4, 5, 6, 7, 8, 9, and 10, establish the condition was open and obvious, there was no practical necessity of encountering the alleged danger, as well as that the alleged condition was trivial; see evidence cited in support of UMFs 4, 5, 6, 7, 8, 9, and 10 regarding these facts.

This shifts the burden to Plaintiff to show the existence of one or more triable issues of material fact. (Code Civ. Proc., § 437c, subd. (p)(2). Plaintiff in opposition does not provide evidence that disputes the above or otherwise raise a triable issue of material fact. Accordingly, Plaintiffs have failed to meet their burden.

Defendant is directed to submit a written order to the court consistent with this ruling and in compliance with California Rules of Court, rule 3.1312.

25CV-01723 People vs $11,284.33

Petition for Forfeiture

Appearance required.