Case Number: BC568765??? Hearing Date: August 19, 2016??? Dept: 98
AVA KERMANI,
Plaintiff,
vs.
JAMES SHENBERG, et al.,
Defendants.
CASE NO: BC568765
[TENTATIVE] ORDER RE: DEFENDANT JAMES SHENBERG?S MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATIONDept. 98
1:30 p.m.
August 19, 2016
I. BACKGROUND
On January 7, 2015, Plaintiff Ava Kermani (?Plaintiff?) filed this action against Defendants James Shenberg (?Shenberg?) and Robert Leonard McGovern (?McGovern?) for alleged damages arising out of a January 27, 2013 multi-vehicle accident. Plaintiff alleges causes of action for: 1) motor vehicle negligence; and 2) general negligence. Summary judgment for McGovern was granted on February 16, 2016. Shenberg now moves for summary judgment or, in the alternative, summary adjudication.
II. LEGAL STANDARD
In analyzing motions for summary judgment, courts must apply a three-step analysis: ?(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent?s claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.? Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294. Generally, ?the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact.? Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. A defendant moving for summary judgment may present evidence that would require a trier of fact not to find any underlying material fact more likely than not, or, alternatively, he may simply point out that the plaintiff does not possess, and cannot reasonably obtain, evidence that would allow a trier of fact to find any underlying material fact more likely than not. Id., at 857-58.
III. DISCUSSION
Shenberg moves for summary judgment on the ground no evidence exists to support Plaintiff?s causes of action, as the evidence irrefutably establishes that he was not involved in the subject collision.
At the time of the incident, Shenberg was heading southbound on Bundy Drive, approaching Ocean Park Boulevard, in Santa Monica, California. Undisputed Material Facts (?UMF?), No. 6. Plaintiff was driving on the same street in the same direction. UMF, No. 2. Shenberg was in the dedicated left-turn lane and completed his turn without making contact with any other vehicle. UMF, Nos. 7-8. Shenberg never felt any impact to his vehicle. UMF, No. 11. McGovern, who was also in the left-turn lane, contends that he was struck by a vehicle proceeding southbound on Bundy Drive before being subsequently struck by Plaintiff?s vehicle. UMF, No. 15. There is no evidence that Shenberg came into contact with either McGovern?s vehicle or Plaintiff?s vehicle. UMF, Nos. 19-20. There was no damage to Shenberg?s vehicle after the incident. UMF, No. 21. The driver of a Nissan that was also involved in the collision, John Isaacson, asserts that the only vehicles involved in the accident were Plaintiff?s, McGovern?s, and his own. UMF, No. 22.
IV. CONCLUSION
The Court finds that Shenberg has met his burden to show that he is entitled to summary judgment as a matter of law. Plaintiff has not opposed the Motion, and has therefore not rebutted Shenberg?s showing.
In light of the foregoing, Defendant?s Motion for Summary Judgment or Summary Adjudication to Plaintiff?s Complaint is GRANTED.
Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT98@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 19th day of August, 2016
Hon. Holly J. Fujie
Judge of the Superior Court