Case Number: LC097632 Hearing Date: May 16, 2014 Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

REBECCA JIMENEZ,
Plaintiff(s),
vs.

MISSION COMMUNITY HOSPITAL, ET AL.,

Defendant(s).

CASE NO: LC097632

[TENTATIVE] ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

Dept. 92
1:30 p.m. – #31
May 16, 2014

Defendant, San Fernando Community Hospital, Inc.’s Motion for Summary Judgment is Granted.

Plaintiff, Rebecca Jimenez filed this action against Defendant, San Fernando Community Hospital, Inc. dba Mission Community Hospital (“Hospital”) for damages arising out of a trip and fall incident. Plaintiff’s complaint alleges she tripped and fell on a dip in the sidewalk approximately 3.5 feet away from the entrance/exit to the hospital.

Defendant moves for summary judgment, contending Plaintiff’s deposition testimony conclusively establishes that she tripped and fell as she was exiting the door, which means she could not possibly have been at the uneven surface, which is several feet away, when she tripped. Defendant contends this establishes that the sole cause asserted in the complaint for the accident cannot be the cause of the accident, and therefore Defendant is entitled to judgment as a matter of law.

Defendant adequately supports its motion with Plaintiff’s deposition testimony. See facts 4-7 of the separate statement. Defendant therefore meets its initial burden to establish that it is entitled to judgment as a matter of law. The burden shifts to Plaintiff to raise a triable issue of material fact.

Plaintiff attempts to do so in a number of ways. First, Plaintiff argues that her own memory is not good, and cannot be trusted. Plaintiff did not seek appointment of a guardian in this action, and she did not object to being deposed on the ground that she does not remember the incident. Indeed, she sat for deposition and answered specific questions about the incident.

Plaintiff next submits the Declaration of Maria Young, Plaintiff’s adult daughter. Young’s Declaration fails to raise a triable issue of material fact for a number of reasons. First, it is unsigned, and Defendant’s objection on that ground is sustained. Second, even if it were signed, all Defendant’s other objections to the declaration would be sustained, as Young has no personal knowledge of where her mother fell. Young was not present at the time of the fall (fact 8 in the separate statement), and cannot reconstruct the accident without the assistance of her mother.

Plaintiff also argues that it is the job of the defendant to negate each and every theory in the complaint, and unless the defendant does so the motion for summary judgment must be denied. This is correct. Plaintiff fails, however, to establish that there is any theory in the complaint that is not negated by way of the motion. Notably, the only theory in the complaint is that Plaintiff tripped on the raised area approximately 3.5 feet away from the door. Defendant adequately addressed and disputed this sole theory in its moving papers.

Plaintiff also submits the Declaration of Don Ward, a general contractor who works in the State of California. Ward declares that the subject raised area 3.5 feet from the door is not in compliance with California building codes. Defendant’s motion does not dispute this. Defendant’s motion establishes, however, that Plaintiff fell well before she reached the subject area, and therefore any problem with the subject area’s compliance with the building codes is not relevant, as Plaintiff did not fall due to the subject area’s non-compliance.

None of Plaintiff’s arguments in opposition to the motion are sufficient to raise a triable issue of material fact. The motion for summary judgment is therefore granted. The Court additionally notes that Plaintiff’s opposition is devoid of a separate statement, in violation of CCP §437c(b). The Court has considered the opposition despite the defect, but notes that the failure to include a separate statement with the opposition rendered the Court’s inquiry into whether triable issues of material fact exist more difficult than it otherwise would have been.

Dated this 16th day of May, 2014

Hon. Elia Weinbach
Judge of the Superior Court