2017-00218458-CU-PO

Diane Wilkerson vs. Skyview Villa Apartments

Nature of Proceeding: Motion for Summary Judgment

Filed By: Trippel, Craig D.

Defendant’s motion for summary judgment against plaintiff in pro per is UNOPPOSED and is GRANTED, as follows.

This is a personal injury action arising out of a fall on what plaintiff alleges was an unlit concrete staircase. Defendant previously served plaintiff with requests for admissions which were later deemed admitted by court order. Defendant now moves for summary judgment on the ground it had no actual or constructive knowledge of any defective condition, it was not negligent in the maintenance of the property and the injury was not caused by an negligence on the part of defendant. Contending that there are no triable issues of material fact, defendant maintains it is entitled to judgment as a matter of law.

The court finds that defendant has satisfied its initial burden of production under Code of Civil Procedure §437c(p)(2), which thereby shifts to plaintiff the burden to produce admissible evidence demonstrating the existence of a triable issue of material fact relative to one or more of the grounds asserted in the motion. Since plaintiff has failed to oppose the motion and failed to present any evidence whatsoever, plaintiff has

failed to meet her burden of production under Code of Civil Procedure §437c(p)(2). Accordingly, the court finds that defendant is entitled to summary judgment on the entire complaint as prayed for in the moving papers.

Pursuant to CRC Rule 3.1312, moving counsel 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.)