Paulina Saavedra v. City of Santa Ana, City of Orange, County of Orange, and Does 1 through 100, inclusive
Published: Feb. 27, 2016 | Result Date: Jan. 29, 2016 | Filing Date: Jan. 1, 1900 |Case number: 37-2014-00721268-CU-PO-CJC Summary Judgment – Defense in part
Court
Orange Superior
Attorneys
Plaintiff
Raymond Ghermezian
(Raymond Ghermezian APLC)
Defendant
Lucio O. Leon
(Muhar, Garber, Av & Duncan)
Facts
Paulina Saavedra sued the City of Santa Ana, City of Orange, and County of Orange, and Jose and Marta Aqueveque, in connection with an incident that allegedly occurred on March 6, 2014.
Contentions
PLAINTIFF'S CONTENTIONS:
PPlaintiff fell on a public sidewalk that was owned and maintained by the City of Santa Ana. The sidewalk abutted Aqueveques' residential property. Plaintiff claimed she slipped and fell on water or mud that accumulated on the sidewalk. The damage was allegedly caused by an overgrown tree. Plaintiff asserted defendants were liable for the dangerous condition of public property. Plaintiff asserted a claim for dangerous condition of public property, vicarious liability, and negligence against defendants Aqueveques.
DEFENDANTS' CONTENTIONS:
The Aqueveques denied plaintiff's allegations and asserted various affirmative defenses. The Aqueveques also moved for summary judgment for failure to state a claim for relief. Particularly, they argued owing plaintiff no legal duty. They also challenged the causation.
Result
The court granted summary judgment in favor of the Aqueveques upon finding no evidence to support Saavedra's claim against them. The court also noted that causation was "speculative at best." The City of Santa Ana was granted summary adjudication as to plaintiff's second cause of action, Government Code section 815.2, which provides for vicarious liability for wrongful acts or omissions of a public entity employee.
Other Information
FILING DATE: May 7, 2014.
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