This case was last updated from Los Angeles County Superior Courts on 09/17/2021 at 00:17:46 (UTC).

FRANCES SANTILLIAN CORRAL VS CITY OF LONG BEACH ET AL

Case Summary

On 11/30/2017 FRANCES SANTILLIAN CORRAL filed a Personal Injury - Other Personal Injury lawsuit against CITY OF LONG BEACH. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are STEPHEN I. GOORVITCH and MICHAEL E. WHITAKER. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5313

  • Filing Date:

    11/30/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STEPHEN I. GOORVITCH

MICHAEL E. WHITAKER

 

Party Details

Petitioner and Plaintiff

SANTILLIAN-CORRAL FRANCES

Respondents, Defendants, Cross Plaintiffs and Not Classified By Court

SOUTHERN CALIFORNIA EDISON COMPANY

CITY LIGHT & POWER INC

DOES 1 TO 20

LONG BEACH CITY OF

CITY OF LONG BEACH

CITY LIGHT & POWER INC.

Defendant, Respondent, Cross Plaintiff and Not Classified By Court

LONG BEACH CITY OF

Attorney/Law Firm Details

Petitioner and Plaintiff Attorney

LOMBARDI CHRISTOPHER ESQ. LAW OFFICES OF

Respondent and Defendant Attorneys

LONG T. PATRICK ESQ.

RIVERA JAVIER C. ESQ

MACHIT MONTE H. ESQ.

ANIELSKI JEFFREY M.

MACHIT MONTE H.ESQ.

LONG THOMAS PATRICK ESQ.

BASS LEON C. JR.

 

Court Documents

Declaration - DECLARATION DECLARATION OF SHANNON MOCKRIDGE IN SUPPORT OF MSJ BY CITY LIGHT & POWER

3/1/2021: Declaration - DECLARATION DECLARATION OF SHANNON MOCKRIDGE IN SUPPORT OF MSJ BY CITY LIGHT & POWER

Separate Statement

6/8/2021: Separate Statement

Request for Dismissal

7/30/2021: Request for Dismissal

Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION TO CONTINUE TRIAL BASED ON STIPULATION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DAVID E. SZYMANSKI

2/14/2020: Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION TO CONTINUE TRIAL BASED ON STIPULATION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF DAVID E. SZYMANSKI

Answer - ANSWER TO SOUTHERN CALIFORNIA EDISON COMPANY'S CROSS-COMPLAINT

5/23/2018: Answer - ANSWER TO SOUTHERN CALIFORNIA EDISON COMPANY'S CROSS-COMPLAINT

Request for Dismissal

10/24/2018: Request for Dismissal

PROOF OF SERVICE SUMMONS -

2/23/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

2/28/2018: PROOF OF SERVICE SUMMONS -

SUMMONS CROSS-COMPLAINT

3/23/2018: SUMMONS CROSS-COMPLAINT

CROSS-COMPLAINT FOR EXPRESS INDEMNITY, EQUITABLE INDEMNITY AND CONTRIBUTION

3/23/2018: CROSS-COMPLAINT FOR EXPRESS INDEMNITY, EQUITABLE INDEMNITY AND CONTRIBUTION

ANSWER BY CITY OF LONG BEACH

3/23/2018: ANSWER BY CITY OF LONG BEACH

CITY LIGHT & POWER, INC'S ANSWER TO PLAINTIFF'S COMPLAINT ETC.

3/26/2018: CITY LIGHT & POWER, INC'S ANSWER TO PLAINTIFF'S COMPLAINT ETC.

SOUTHERN CALIFORNIA EDISON COMPANY'S NOTICE OF POSTING JURY FEES

4/11/2018: SOUTHERN CALIFORNIA EDISON COMPANY'S NOTICE OF POSTING JURY FEES

SOUTHERN CALIFORNIA EDISON COMPANY'S DEMAND FOR JURY TRIAL

4/11/2018: SOUTHERN CALIFORNIA EDISON COMPANY'S DEMAND FOR JURY TRIAL

SOUTHERN CALIFORNIA EDISON COMPANY'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT FOR DAMAGES

4/11/2018: SOUTHERN CALIFORNIA EDISON COMPANY'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT FOR DAMAGES

SUBSTITUTION OF ATTORNEY -

4/24/2018: SUBSTITUTION OF ATTORNEY -

PROOF OF SERVICE SUMMONS -

5/9/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

5/9/2018: PROOF OF SERVICE SUMMONS -

29 More Documents Available

 

Docket Entries

  • 09/15/2021
  • Docketat 10:00 AM in Department 32, Michael E. Whitaker, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 08/19/2021
  • Docketat 1:30 PM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court

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  • 07/30/2021
  • DocketRequest for Dismissal; Filed by Frances Santillian-Corral (Plaintiff)

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  • 06/17/2021
  • Docketat 1:30 PM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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  • 06/08/2021
  • DocketDeclaration (Declarations and Documentary Evidence in Support of City of Long Beach's Motion for Summary Judgment); Filed by City of Long Beach (Defendant)

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  • 06/08/2021
  • DocketMemorandum of Points & Authorities; Filed by City of Long Beach (Defendant)

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  • 06/08/2021
  • DocketSeparate Statement; Filed by City of Long Beach (Defendant)

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  • 06/08/2021
  • DocketProof of Service (not Summons and Complaint); Filed by City of Long Beach (Defendant)

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  • 06/08/2021
  • DocketMotion for Summary Judgment; Filed by City of Long Beach (Defendant)

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  • 05/25/2021
  • DocketRequest for Dismissal; Filed by Frances Santillian-Corral (Plaintiff); City Light & Power, Inc. (Defendant)

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58 More Docket Entries
  • 03/23/2018
  • DocketCross-Complaint; Filed by City of Long Beach (Defendant)

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  • 03/08/2018
  • DocketProof-Service/Summons; Filed by Frances Santillian-Corral (Plaintiff)

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  • 03/08/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 02/28/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 02/28/2018
  • DocketProof-Service/Summons; Filed by Frances Santillian-Corral (Plaintiff)

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  • 02/23/2018
  • DocketProof-Service/Summons; Filed by Frances Santillian-Corral (Plaintiff)

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  • 02/23/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 11/30/2017
  • DocketSUMMONS

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  • 11/30/2017
  • DocketComplaint; Filed by Frances Santillian-Corral (Plaintiff)

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  • 11/30/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC685313    Hearing Date: May 20, 2021    Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@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 may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.

FINAL RULING

DEPARTMENT

32

HEARING DATE

May 20, 2021

CASE NUMBER

BC685313

MOTION

Motion for Summary Judgment or Summary Adjudication

MOVING PARTY

Defendant City Light & Power, Inc.

OPPOSING PARTY

None

MOVING PAPERS:

  1. Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities
  2. Declaration of Shannon Mockridge in Support of Motion for Summary Judgment
  3. Declaration of Jeffrey M. Anielski in Support of Motion for Summary Judgment
  4. Notice of Lodgment in Support of Motion for Summary Judgment
  5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment

BACKGROUND

Plaintiff Frances Santillian-Corall (“Plaintiff”) alleges she sustained injuries when she stepped into an uncovered utility box on the sidewalk. Defendant City Light & Power Inc. (“Defendant”) maintained utility boxes for Defendant City of Long Beach (“City”). Defendant moves for summary judgment or summary adjudication on Plaintiff’s complaint.

Plaintiff has not filed an opposition to the motion.

LEGAL STANDARDS – SUMMARY JUDGMENT AND SUMMARY ADJUDICATION

“[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.; Smith v. Wells Fargo Bank, N.A. (2005) 135 Cal.App.4th 1463, 1474 [summary judgment standards held by Aguilar apply to summary adjudication motions].) Further, in line with Aguilar v. Atlantic Richfield Co., “[o]n a motion for summary adjudication, the trial court has no discretion to exercise. If a triable issue of material fact exists as to the challenged causes of action, the motion must be denied. If there is no triable issue of fact, the motion must be granted.” (Fisherman's Wharf Bay Cruise Corp. v. Superior Court (2003) 114 Cal.App.4th 309, 320.)

DISCUSSION

Defendant moves for summary judgment or summary adjudication on Plaintiff’s complaint for negligence and premises liability. 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 v. Peterson Enterprises, LLC (2014) 232 Cal.App.4th 32, 37.)  

Because a property owner is not the insurer of the safety of its guests, the owner’s actual or constructive knowledge of the dangerous condition is key to establishing liability.  (Hall v. Aurora Loan Servs., LLC (2013) 215 Cal.App.4th 1134, 1139; Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1206.)

Here, Defendant contends it did not have actual or constructive notice of any dangerous condition prior to Plaintiff’s accident.

Defendant advances the declaration of Shannon Mockridge (“Mockridge”), who is a regional manager for Defendant. Mockridge states that Defendant first received a request from the City to install a new lid on the utility box on October 12, 2016, which was after Plaintiff’s accident. (See Declaration of Shannon Mockridge, ¶ 4.) This evidence meets Defendant’s burden to show that Defendant did not have actual or constructive notice of the broken lid on the utility box prior to Plaintiff’s accident. (See also Defendant’s Separate Statement, Undisputed Material Facts, Nos. 1-8.)

Defendant has shifted the burden to Plaintiff to raise triable issues of material fact as to whether Defendant had actual or constructive notice of the dangerous condition prior to Plaintiff’s accident. As Plaintiff has not opposed the motion, Plaintiff has failed to meet her burden of production.

CONCLUSION AND ORDER

Plaintiff has failed to meet her burden to raise triable issues of material fact as to whether Defendant is liable for negligence or premises liability. Therefore, the Court grants Defendant’s motion for summary judgment. Defendant is ordered to give notice of the Court’s order, and to file a proof of service of such.

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