Tentative Rulings

Case Number: BC689498    Hearing Date: September 10, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

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