This case was last updated from Los Angeles County Superior Courts on 07/17/2021 at 01:23:48 (UTC).

ALICIA HOLGUIN VS AFFORDABLE GENERATOR SERVICES INC ET AL

Case Summary

On 07/10/2017 ALICIA HOLGUIN filed a Personal Injury - Other Personal Injury lawsuit against AFFORDABLE GENERATOR SERVICES INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7980

  • Filing Date:

    07/10/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

HOLGUIN ALICIA

Defendants, Respondents and Cross Plaintiffs

COUNTY OF LOS ANGELES

DOES 1 TO 50

AFFORDABLE GENERATOR SERVICES INC.

Defendant, Respondent and Cross Defendant

AFFORDABLE GENERATOR SERVICES INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

PALIWODA JAMES D. ESQ.

PALIWODA JAMES DAVID ESQ.

Cross Plaintiff Attorneys

NAU KELSEY CHARMAINE

THOMAS ALLEN L.

Cross Defendant Attorney

EGAN EUGENE J.

 

Court Documents

Motion for Summary Judgment

8/16/2019: Motion for Summary Judgment

Separate Statement

8/16/2019: Separate Statement

Proof of Service (not Summons and Complaint)

8/16/2019: Proof of Service (not Summons and Complaint)

Request for Dismissal

10/30/2019: Request for Dismissal

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR SUMMARY JUDGMENT) OF 11/01/2019

11/1/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR SUMMARY JUDGMENT) OF 11/01/2019

Proof of Personal Service - Proof of Personal Service of summons

10/25/2018: Proof of Personal Service - Proof of Personal Service of summons

Answer

11/21/2018: Answer

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Perso

12/13/2018: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Perso

Cross-Complaint

1/11/2019: Cross-Complaint

Request - Request for Exemption from Mandatory Electronic Filing and Service

1/25/2019: Request - Request for Exemption from Mandatory Electronic Filing and Service

Summons - Summons on Cross Complaint

2/4/2019: Summons - Summons on Cross Complaint

Order - Order of Exemption from Electronic Filing and Service

2/4/2019: Order - Order of Exemption from Electronic Filing and Service

Substitution of Attorney

2/13/2019: Substitution of Attorney

Answer - Answer To Cross-Complaint By County Of Los Angeles

2/22/2019: Answer - Answer To Cross-Complaint By County Of Los Angeles

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

3/20/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL REL...)

4/24/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL REL...)

CoverSheet - ADDENDUM

7/10/2017: CoverSheet - ADDENDUM

Summons - ADDENDUM

7/10/2017: Summons - ADDENDUM

14 More Documents Available

 

Docket Entries

  • 07/10/2020
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; (OSC RE Dismissal) - Not Held - Vacated by Court

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  • 02/18/2020
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 02/03/2020
  • Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 11/07/2019
  • Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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  • 11/01/2019
  • Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion for Summary Judgment

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  • 11/01/2019
  • Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion for Summary Judgment - Held - Motion Granted

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  • 11/01/2019
  • DocketCertificate of Mailing for ((Hearing on Motion for Summary Judgment) of 11/01/2019); Filed by Clerk

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  • 11/01/2019
  • DocketMinute Order ( (Hearing on Motion for Summary Judgment)); Filed by Clerk

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  • 10/31/2019
  • DocketRequest for Dismissal ((not entered)); Filed by Alicia Holguin (Plaintiff)

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  • 10/30/2019
  • DocketRequest for Dismissal; Filed by Alicia Holguin (Plaintiff)

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22 More Docket Entries
  • 12/24/2018
  • Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 12/13/2018
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Affordable Generator Services, Inc. (Defendant)

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  • 11/21/2018
  • DocketAnswer; Filed by Affordable Generator Services, Inc. (Defendant)

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  • 10/25/2018
  • DocketProof of Personal Service (of summons); Filed by Alicia Holguin (Plaintiff)

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  • 07/18/2017
  • DocketPLAINTIFF'S DEMAND FOR JURY TRIAL

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  • 07/18/2017
  • DocketDemand for Jury Trial; Filed by Alicia Holguin (Plaintiff)

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  • 07/10/2017
  • DocketComplaint; Filed by Alicia Holguin (Plaintiff)

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  • 07/10/2017
  • DocketSummons; Filed by Alicia Holguin (Plaintiff)

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  • 07/10/2017
  • DocketCivil Case Cover Sheet

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  • 07/10/2017
  • DocketComplaint

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Tentative Rulings

Case Number: BC667980    Hearing Date: November 01, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

alicia holguin,

Plaintiff,

v.

affordable generator services, inc., et al.,

Defendants.

Case No.: BC667980

Hearing Date: November 1, 2019

[TENTATIVE] order RE:

defendant’S motion for summary judgment

BACKGROUND

Plaintiff Alicia Holguin (“Plaintiff”) filed this action against Defendant Affordable Generator Services, Inc. (“Defendant”) following an accident. Specifically, Plaintiff alleges that she tripped on cables Defendant placed across the sidewalk. Now, Defendant moves for summary judgment on Plaintiff’s complaint, or, in the alternative, summary adjudication of Plaintiff’s causes of action for negligence and premises liability. Plaintiff does not oppose the motion, which is granted.

LEGAL STANDARD

“[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.]  There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.”  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.)  “[T]he 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.”  (Ibid.)  

DISCUSSION

The elements of a cause of action for premises liability are the same as those for negligence: duty, breach, causation, and damages.  (Castellon v. U.S. Bancorp (2013) 220 Cal.App.4th 994, 998.)  Those who own, possess, or control property generally have a duty to exercise ordinary care in managing the property to avoid exposing others to an unreasonable risk of harm.  (Annocki However, Defendant is “no[t] liable for injury resulting from an obvious danger or one that could have been observed had [Plaintiff] exercised ordinary care . . . .”  (Mula v. Meyer (1955) 132 Cal.App.2d 279, 287.) 

Defendant relies on Plaintiff’s deposition testimony. At deposition, Plaintiff testified that she saw the cables before she tripped. (Compendium of Evidence in Support of Defendant’s Motion for Summary Judgment, Exh. #2, at p. 46.) Plaintiff testified that she attempted to step over the cables to avoid them, but somehow her foot got tangled. (Id., Exh. #2, at p. 47.) This evidence is sufficient to satisfy Defendant’s burden, shifting the burden to Plaintiff to proffer sufficient evidence to raise a triable issue. Plaintiff does not oppose the motion, and there is no evidence in the record to create a triable issue. Therefore, the motion is granted.

CONCLUSION AND ORDER

Defendant’s motion for summary judgment is granted. Defendant shall provide notice and file proof of such with the Court.

DATED: November 1, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

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