2016-00192076-CU-NP

Sacramento Municipal Utility District vs. Elaine Martinez

Nature of Proceeding: Motion for Summary Judgment and/or Adjudication

Filed By: Colomba, Julio N.

Plaintiff SMUD’s motion for summary judgment/adjudication as against in pro per defendant Martinez only is UNOPPOSED and is GRANTED, as follows.

This litigation arises out of in pro per defendant Martinez’s alleged theft and conversion of plaintiff’s power as well as defendants’ breach of contract and failure to pay for services rendered. Plaintiff moves for summary judgment/adjudication of each of the

four causes of action on the ground that there is no triable issue of material fact and plaintiff is entitled to summary judgment/adjudication.

The court finds that plaintiff has satisfied its initial burden under Code of Civil Procedure §437c(p)(1), which thereby shifts the burden to defendant to produce admissible evidence demonstrating the existence of a material fact. Since defendant Martinez failed to oppose the motion and failed to present any evidence whatsoever, defendant Martinez has failed to meet her burden of production under Code of Civil Procedure §437c(p)(1). Accordingly, summary judgment/adjudication of each cause of action shall be granted in plaintiff’s favor and against in pro per defendant Martinez only.

The court notes that under Civil Code §1882.2, plaintiff is expressly permitted to recover treble damages in this action, plus attorney fees and costs.

To the extent plaintiff desires an award of attorney fees and/or costs, it may file and serve a noticed motion for attorney fees and/or a Memorandum of Costs pursuant to Code of Civil Procedure §1032.

Having received no objection thereto, the court will sign the proposed order and proposed judgment submitted with the moving papers.