2016-00195664-CU-PO

Linda Cantarutti vs. City of Sacramento

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

Filed By: Velasquez, Andrea M.

Defendants City of Sacramento, et al.’s motion for summary judgment/adjudication as to plaintiff in pro per’s complaint is UNOPPOSED and is GRANTED, as follows.

Moving counsel failed to comply with CRC Rule 3.1350(d)(3), requiring the separate statement in support of the motion to include a citation to evidence by “reference to the exhibit, title, page, and line numbers.” (Underline added for emphasis.)

Moving counsel failed to comply with CRC Rule 3.1350(g), requiring a single volume of evidence (including all declarations) with a table of contents when evidence exceeds 25 pages.

Moving counsel failed to comply with CRC Rule 3.1110(b)(3)-(4).

This action arises out of the shooting of plaintiff’s son during a 2015 confrontation with police. Plaintiff alleges causes of action for negligent and intentional infliction of emotional distress as a result of witnessing the incident. Defendants now move for summary judgment/adjudication on the grounds that the causes of action are barred as a result of the son’s criminal conviction and/or cannot be based on lawful police conduct. Contending there are no triable issues of material fact, defendants argue they are entitled to judgment as a matter of law.

The court finds that defendants have satisfied their initial burden under Code of Civil Procedure §437c(p)(2), which thereby shifts the burden to plaintiff to produce admissible evidence sufficient to demonstrate the existence of a triable issue of material fact relative to the grounds asserted in the motion. Since plaintiff in pro per has failed to oppose the motion and failed to present any evidence whatsoever, plaintiff in pro per has failed to meet her burden of production under Code of Civil Procedure §437c(p)(2). Accordingly, the court finds that defendants are entitled to summary judgment/adjudication as prayed for in the moving papers.

Pursuant to CRC Rule 3.1312, defendants to prepare a judgment of dismissal of the entire action.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)