On 01/08/2018 SUSAN SMITH filed a Personal Injury - Other Personal Injury lawsuit against PASADENA RECOVERY CENTER 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.
****9498
01/08/2018
Other
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
STEPHEN I. GOORVITCH
SMITH SUSAN
PASADENA RECOVERY CENTER INC
DOES 1 TO 50
VAZIRI SIAMAK ESQ.
VAZIRI SIAMAK
JAMES J KJAR ESQ.
KJAR JAMES JORGEN
10/9/2020: Request for Dismissal
6/25/2020: Proof of Service (not Summons and Complaint)
7/2/2020: Notice - NOTICE NOTICE OF HEARING DATE FOR MSJ
9/10/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR SUMMARY JUDGMENT) OF 09/10/2020
9/10/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)
10/2/2020: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
3/20/2020: Stipulation - No Order - STIPULATION - NO ORDER OF THE PARTIES TO CONTINUE TRIAL FROM MAY 18, 2020 TO OCTOBER 12, 2020 TO ACCOMMODATE SCHEDULED MEDIATION
3/20/2020: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL TRIAL RELATED DATES PER JOINT STIPULATION OF THE PARTIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MELISSA M. WETKOWSK
3/24/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (EX PARTE APPLICATION OF DEFENDANT, PASADENA RECOVERY CENTER, ...) OF 03/24/2020
3/24/2020: Notice of Ruling - NOTICE OF RULING RE: DEFENDANT'S EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL TRIAL RELATED DATES PER JOINT STIPULATION OF THE PARTIES
10/1/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL TRIAL RELATED DATES PER JOINT STIPULATION OF THE PARTIES
10/1/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL TRI...)
10/1/2019: Stipulation and Order - STIPULATION AND ORDER JOINT STIPULATION OF THE PARTIES TO CONTINUE TRIAL FROM DECEMBER 3, 2019 TO MAY 18, 2020
10/3/2019: Notice of Ruling
6/12/2018: DECLARATION OF TRIAL ATTORNEY
4/25/2018: PROOF OF SERVICE SUMMONS -
1/8/2018: SUMMONS -
1/8/2018: UNLIMITED COMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY ;ETC
DocketNotice of Entry of Dismissal and Proof of Service; Filed by Pasadena Recovery Center, Inc (Defendant)
Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (dismissal for failure to prosecute) - Not Held - Vacated by Court
Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Jury Trial ((1x5mos)) - Not Held - Vacated by Court
Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court
DocketRequest for Dismissal; Filed by Susan Smith (Plaintiff)
DocketStipulation and Order (Stipulation and Order to Set Aside MSJ Judgment); Filed by Pasadena Recovery Center, Inc (Defendant)
Docketat 10:00 AM in Department 32, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Court's Motion
DocketMinute Order ( (Final Status Conference)); Filed by Clerk
DocketCertificate of Mailing for ((Final Status Conference) of 10/02/2020); Filed by Clerk
Docketat 2:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion for Summary Judgment - Held - Motion Granted
DocketANSWER TO COMPLAINT
DocketCIVIL DEPOSIT
DocketAnswer; Filed by Pasadena Recovery Center, Inc (Defendant)
DocketDeclaration; Filed by Pasadena Recovery Center, Inc (Defendant)
DocketReceipt; Filed by Pasadena Recovery Center, Inc (Defendant)
DocketPROOF OF SERVICE SUMMONS
DocketProof-Service/Summons; Filed by Susan Smith (Plaintiff)
DocketUNLIMITED COMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY ;ETC
DocketComplaint; Filed by Susan Smith (Plaintiff)
DocketSUMMONS
Case Number: BC689498 Hearing Date: September 10, 2020 Dept: 32
|
SUSAN SMITH
v.
PASADENA RECOVERY CENTER, INC., et al.,
|
Case No.: BC689498
Hearing Date: September 10, 2020
[TENTATIVE] order RE: MOTION FOR SUMMARY JUDGMENT |
Background
Plaintiff Susan Smith (“Plaintiff”) filed this action against Defendant Pasadena Recovery Center, Inc. (“Defendant”), asserting causes of action for premises liability and negligence. Specifically, Plaintiff alleges that she was participating in a counseling session when her chair collapsed, causing injury. Now, Defendant moves for summary judgment, which Plaintiff does not oppose. The motion 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.) In ruling on the motion, “the court may not weigh the plaintiff's evidence or inferences against the defendant[’s] as though it were sitting as the trier of fact.” (Id. at 856.) However, the court “must . . . determine what any evidence or inference could show or imply to a reasonable trier of fact.” (Ibid., emphasis original.)
DISCUSSION
Defendant argues that Plaintiff’s claims are barred by the release of liability signed by Plaintiff. The release covers all personal injuries, including bodily injuries. This release is sufficient to satisfy Defendant’s burden of proof, shifting the burden to Plaintiff to proffer some evidence to give rise to a triable issue, e.g., evidence of gross negligence which might defeat the waiver, etc. Plaintiff fails to do so, as she files no opposition, and there is no evidence in the record giving rise to 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: September 10, 2020 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court