On February 11, 2019 a
Motion-Secondary
was filed
involving a dispute between
Ogrady, Catherine,
Ogrady, Kevin,
Ogrady, Ryan,
Ogrady, Shawn,
and
California Forensic Medical Group Inc,
Corizon Health Inc,
Corizon Llc,
Correctional Medical Services Inc,
County Of Stanislaus,
Doctors Medical Center Of Modesto,
Prison Health Services Inc,
Stanislaus County Jail,
for Other Personal Injury: Unlimited
in the District Court of Stanislaus County.
Preview
1 Michael R. Mordaunt, Esq., Bar No. 66911 Electronically Filed
Lori A. Reihl, Esq., Bar No. 246395 3/30/2021 1:40 PM
2 MORDAUNT, ROUNDY, REIHL & JIMERSON Superior Court of California
A Professional Law Corporation
3 7488 Shoreline Drive, Suite B1 County of Stanislaus
Stockton, CA 95219 Clerk of the Court
4 Telephone: (209) 473-8732 By: Angela Morales, Deputy
Facsimile: (209) 957-9165
5 lreihl@mrrjlaw.com
6 Attorneys for Defendant
COUNTY OF STANISLAUS, ALSO SUED HEREIN AS STANISLAUS COUNTY JAIL
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
9
KEVIN O'GRADY, CATHERINE ) Case No. CV-19-000798
10 O'GRADY, SHAWN O'GRADY, )
RYAN O'GRADY, ) ORDER ON MOTION FOR SUMMARY
11 ) JUDGMENT
Plaintiff(s), )
12 )
vs. )
13 )
COUNTY OF STANISLAUS, )
14 STANISLAUS COUNTY JAIL, and )
DOES 1 to 100, Inclusive )
15 )
Defendant(s). )
16 )
17 Defendant COUNTY OF STANISLAUS, also sued as STANISLAUS COUNTY JAIL’S,
18 Motion for Summary Judgment, was scheduled to be heard by this court on February 2, 2021. No
19 opposition was filed by plaintiff. On February 1, 2021, the court issued the tentative ruling,
20 granting defendants’ motion for summary judgment. No party requested a hearing.
21 The court, having read and considered all papers submitted in this matter, on good cause
22 appearing, and no party having requested a hearing, the court finds:
23 Defendant County of Stanislaus, as the moving party, has established a prima facie showing
24 of entitlement to judgment against Plaintiffs as a matter of law. Based on the authorities and
25 evidence presented, Defendant has established an affirmative defense to the claim against it. (Code
26 Civ. Proc. §437c(o)(2).) Specifically, Defendant has demonstrated entitlement to immunity with
27 regard to the claim of negligence herein and that there are no issues of material fact with
28 respect thereto. (Gov. Code §§844.6, 845.6; Castaneda v. Department of Corrections &
Mordaunt,
Roundy, Reihl & Jimerson
7488 Shoreline Drive,
Suite B1 1
Stockton, CA 95219
(209) 473-8732
ORDER ON MOTION FOR SUMMARY JUDGMENT
1
Rehabilitation (2013) 212 Cal.App.4th 1051.) Further, in the absence of any opposition, Plaintiffs
2
have failed to offer evidence which raises a triable issue of material fact in that regard.
3
Therefore, IT IS ORDERED:
4
Defendant County of Stanislaus’ motion for summary judgment is granted and
5
judgment shall be entered in favor of Defendant County of Stanislaus against Plaintiffs.
6
7 3/29/2021
Dated:
JUDGE OF THE SUPERIOR COURT
8
Sonny S. Sandhu
9
10
11
APPROVED AS TO FORM:
12
13
_______________________
14 Garrett Chambers, Esq.
Chambers & Noronha
15 Attorney for Plaintiffs
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Mordaunt,
Roundy, Reihl & Jimerson
7488 Shoreline Drive,
Suite B1 2
Stockton, CA 95219
(209) 473-8732
ORDER ON MOTION FOR SUMMARY JUDGMENT
Preview
1 Michael R. Mordaunt, Esq., Bar No. 66911 Electronically Filed Lori A. Reihl, Esq., Bar No. 246395 3/30/2021 1:40 PM 2 MORDAUNT, ROUNDY, REIHL & JIMERSON Superior Court of California A Professional Law Corporation 3 7488 Shoreline Drive, Suite B1 County of Stanislaus Stockton, CA 95219 Clerk of the Court 4 Telephone: (209) 473-8732 By: Angela Morales, Deputy Facsimile: (209) 957-9165 5 lreihl@mrrjlaw.com 6 Attorneys for Defendant COUNTY OF STANISLAUS, ALSO SUED HEREIN AS STANISLAUS COUNTY JAIL 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS 9 KEVIN O'GRADY, CATHERINE ) Case No. CV-19-000798 10 O'GRADY, SHAWN O'GRADY, ) RYAN O'GRADY, ) ORDER ON MOTION FOR SUMMARY 11 ) JUDGMENT Plaintiff(s), ) 12 ) vs. ) 13 ) COUNTY OF STANISLAUS, ) 14 STANISLAUS COUNTY JAIL, and ) DOES 1 to 100, Inclusive ) 15 ) Defendant(s). ) 16 ) 17 Defendant COUNTY OF STANISLAUS, also sued as STANISLAUS COUNTY JAIL’S, 18 Motion for Summary Judgment, was scheduled to be heard by this court on February 2, 2021. No 19 opposition was filed by plaintiff. On February 1, 2021, the court issued the tentative ruling, 20 granting defendants’ motion for summary judgment. No party requested a hearing. 21 The court, having read and considered all papers submitted in this matter, on good cause 22 appearing, and no party having requested a hearing, the court finds: 23 Defendant County of Stanislaus, as the moving party, has established a prima facie showing 24 of entitlement to judgment against Plaintiffs as a matter of law. Based on the authorities and 25 evidence presented, Defendant has established an affirmative defense to the claim against it. (Code 26 Civ. Proc. §437c(o)(2).) Specifically, Defendant has demonstrated entitlement to immunity with 27 regard to the claim of negligence herein and that there are no issues of material fact with 28 respect thereto. (Gov. Code §§844.6, 845.6; Castaneda v. Department of Corrections & Mordaunt, Roundy, Reihl & Jimerson 7488 Shoreline Drive, Suite B1 1 Stockton, CA 95219 (209) 473-8732 ORDER ON MOTION FOR SUMMARY JUDGMENT 1 Rehabilitation (2013) 212 Cal.App.4th 1051.) Further, in the absence of any opposition, Plaintiffs 2 have failed to offer evidence which raises a triable issue of material fact in that regard. 3 Therefore, IT IS ORDERED: 4 Defendant County of Stanislaus’ motion for summary judgment is granted and 5 judgment shall be entered in favor of Defendant County of Stanislaus against Plaintiffs. 6 7 3/29/2021 Dated: JUDGE OF THE SUPERIOR COURT 8 Sonny S. Sandhu 9 10 11 APPROVED AS TO FORM: 12 13 _______________________ 14 Garrett Chambers, Esq. Chambers & Noronha 15 Attorney for Plaintiffs 16 17 18 19 20 21 22 23 24 25 26 27 28 Mordaunt, Roundy, Reihl & Jimerson 7488 Shoreline Drive, Suite B1 2 Stockton, CA 95219 (209) 473-8732 ORDER ON MOTION FOR SUMMARY JUDGMENT