Preview
1 Michael R. Mordaunt, Esq., Bar No. 66911 Electronically Filed
Lori A. Reihl, Esq., Bar No. 246395 3/24/2021 9:49 AM
2 MORDAUNT, ROUNDY, REIHL & JIMERSON
A Professional Law Corporation Superior Court of California
3 7488 Shoreline Drive, Suite B-1 County of Stanislaus
Stockton, CA 95219 Clerk of the Court
4 Telephone: (209) 473-8732 By: Angela Morales, Deputy
Facsimile: (209) 957-9165
5
Attorneys for Defendant
6 COUNTY OF STANISLAUS, ALSO SUED
HEREIN AS STANISLAUS COUNTY JAIL
7
8
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10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
11
KEVIN O'GRADY, CATHERINE O'GRADY, ) Case No. CV-19-000798
12 SHAWN O'GRADY, RYAN O'GRADY, )
) NOTICE OF ENTRY OF ORDER
13 Plaintiff(s), ) GRANTING DEFENDANT’S
) COUNTY OF STANISLAUS, ALSO
14 vs. ) SUED HEREIN AS STANISLAUS
) COUNTY JAIL MOTION FOR
15 COUNTY OF STANISLAUS, STANISLAUS ) SUMMARY JUDGMENT
COUNTY JAIL, and DOES 1 to 100, Inclusive )
16 )
Defendant(s). )
17 )
18 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
19 PLEASE TAKE NOTICE that on March 16, 2021 the above-entitled court entered an order
20 granting defendant COUNTY OF STANISLAUS, ALSO SUED HEREIN AS STANISLAUS
21 COUNTY JAIL’s motion for summary judgment. Attached is a copy of said Order.
22 Dated: March 16, 2021 MORDAUNT, ROUNDY, REIHL & JIMERSON
23
24 By:
Lori A. Reihl, Esq.
25 Attorneys for Defendant
COUNTY OF STANISLAUS, ALSO
26 SUED HEREIN AS STANISLAUS
COUNTY JAIL
27
28
Mordaunt, Roundy,
Reihl & Jimerson
7488 Shoreline
Drive, Suite B-1
1
Stockton, CA 95219
(209) 473-8732
NOTICE OF ENTRY OF ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
1 Michael R. Mordaunt, Esq., Bar No. 66911 Electronically Filed
Lori A. Reihl, Esq., Bar No. 246395 3/16/2021 11:40 AM
2 MORDAUNT, ROUNDY, REIHL & JIMERSON Superior Court of California
A Professional Law Corporation County of Stanislaus
3 7488 Shoreline Drive, Suite B1 Clerk of the Court
Stockton, CA 95219
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:
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Defendant County of Stanislaus’ motion for summary judgment is granted and
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judgment shall be entered in favor of Defendant County of Stanislaus against Plaintiffs.
6
7 Dated: 2/17/2021
JUDGE OF THE SUPERIOR COURT
8
Sonny S. Sandhu
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10
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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
1 PROOF OF SERVICE BY MAIL
2 OR BY FEDEX OVERNIGHT
3 STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN
4 I am employed in the County of San Joaquin, State of California. I am over the age of 18
5 and not a party to the within action. My business address is 7488 Shoreline Drive, Suite B1,
6 Stockton, CA 95219.
7 On March 16, 2021, I served the following:
8 NOTICE OF ENTRY OF ORDER GRANTING MOTION FOR SUMMARY
JUDGMENT
9
10 By enclosing a true copy thereof in an appropriate sealed envelope, addressed to each
interested party as stated on the attached mailing list.
11
BY MAIL:
12
I deposited each such sealed envelope, with postage thereon fully prepaid, in the United
13 States mail at Stockton, California.
14 Pursuant to ordinary business practice, I caused said envelope to be collected and placed for
deposit in the United States Postal Service at Stockton, California. I am readily familiar
15
with the firm's practice for the collection and processing of correspondence for mailing. It
16 is collected and deposited with the United States Postal Service, with postage thereon fully
prepaid, on the same day in the ordinary course of business.
17
BY FEDEX:
18
I deposited each sealed FEDEX envelope, with FEDEX delivery fees fully prepaid or
19 provided for, in a FEDEX depository at Stockton, California.
20
BY E-MAIL or ELECTRONIC TRANSMISSION.
21
I caused the document listed above to be served via electronic transmission upon all counsel
22 of record at their respective email addresses listed with the Court’s electronic filing system.
23 Executed on March 16, 2021 at Stockton, California.
24 I declare under penalty of perjury under the laws of the State of California that the above is
25 true and correct.
26
ERICA GARNICA
27
28
Mordaunt,
Roundy, Reihl & Jimerson
7488 Shoreline Drive, Suite B1
Stockton, CA 95219
(209) 473-8732
1 O'Grady v. County of Stanislaus
Stanislaus Superior Court Case No. CV-19-000798
2
Mailing List
3
4
NAME
5
Gary Chambers, Esq.
6 Chambers & Noronha
2070 N. Tustin Avenue
7 Santa Ana, CA 92705
glchambers@cnlegalgroup.com
8 clwilliams@cnlegalgroup.com
balcala@cnlegalgroup.com
9
Carolyn L. Northrop, Esq.
10 Schuering Zimmerman & Doyle, LLP
400 University Avenue
11 Sacramento, CA 95825
cln@szs.com
12
13 Jerome M. Varanini, Esq.
Law Office of Jerome M. Varanini
14 641 Fulton Avenue, Suite 200
Sacramento, CA 95825
15 jvaranini@tsvlaw.com
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Mordaunt,
Roundy, Reihl & Jimerson
7488 Shoreline Drive, Suite B1
Stockton, CA 95219
(209) 473-8732
Preview
1 Michael R. Mordaunt, Esq., Bar No. 66911 Electronically Filed Lori A. Reihl, Esq., Bar No. 246395 3/24/2021 9:49 AM 2 MORDAUNT, ROUNDY, REIHL & JIMERSON A Professional Law Corporation Superior Court of California 3 7488 Shoreline Drive, Suite B-1 County of Stanislaus Stockton, CA 95219 Clerk of the Court 4 Telephone: (209) 473-8732 By: Angela Morales, Deputy Facsimile: (209) 957-9165 5 Attorneys for Defendant 6 COUNTY OF STANISLAUS, ALSO SUED HEREIN AS STANISLAUS COUNTY JAIL 7 8 9 10 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS 11 KEVIN O'GRADY, CATHERINE O'GRADY, ) Case No. CV-19-000798 12 SHAWN O'GRADY, RYAN O'GRADY, ) ) NOTICE OF ENTRY OF ORDER 13 Plaintiff(s), ) GRANTING DEFENDANT’S ) COUNTY OF STANISLAUS, ALSO 14 vs. ) SUED HEREIN AS STANISLAUS ) COUNTY JAIL MOTION FOR 15 COUNTY OF STANISLAUS, STANISLAUS ) SUMMARY JUDGMENT COUNTY JAIL, and DOES 1 to 100, Inclusive ) 16 ) Defendant(s). ) 17 ) 18 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 19 PLEASE TAKE NOTICE that on March 16, 2021 the above-entitled court entered an order 20 granting defendant COUNTY OF STANISLAUS, ALSO SUED HEREIN AS STANISLAUS 21 COUNTY JAIL’s motion for summary judgment. Attached is a copy of said Order. 22 Dated: March 16, 2021 MORDAUNT, ROUNDY, REIHL & JIMERSON 23 24 By: Lori A. Reihl, Esq. 25 Attorneys for Defendant COUNTY OF STANISLAUS, ALSO 26 SUED HEREIN AS STANISLAUS COUNTY JAIL 27 28 Mordaunt, Roundy, Reihl & Jimerson 7488 Shoreline Drive, Suite B-1 1 Stockton, CA 95219 (209) 473-8732 NOTICE OF ENTRY OF ORDER GRANTING MOTION FOR SUMMARY JUDGMENT 1 Michael R. Mordaunt, Esq., Bar No. 66911 Electronically Filed Lori A. Reihl, Esq., Bar No. 246395 3/16/2021 11:40 AM 2 MORDAUNT, ROUNDY, REIHL & JIMERSON Superior Court of California A Professional Law Corporation County of Stanislaus 3 7488 Shoreline Drive, Suite B1 Clerk of the Court Stockton, CA 95219 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 Dated: 2/17/2021 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 1 PROOF OF SERVICE BY MAIL 2 OR BY FEDEX OVERNIGHT 3 STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN 4 I am employed in the County of San Joaquin, State of California. I am over the age of 18 5 and not a party to the within action. My business address is 7488 Shoreline Drive, Suite B1, 6 Stockton, CA 95219. 7 On March 16, 2021, I served the following: 8 NOTICE OF ENTRY OF ORDER GRANTING MOTION FOR SUMMARY JUDGMENT 9 10 By enclosing a true copy thereof in an appropriate sealed envelope, addressed to each interested party as stated on the attached mailing list. 11 BY MAIL: 12 I deposited each such sealed envelope, with postage thereon fully prepaid, in the United 13 States mail at Stockton, California. 14 Pursuant to ordinary business practice, I caused said envelope to be collected and placed for deposit in the United States Postal Service at Stockton, California. I am readily familiar 15 with the firm's practice for the collection and processing of correspondence for mailing. It 16 is collected and deposited with the United States Postal Service, with postage thereon fully prepaid, on the same day in the ordinary course of business. 17 BY FEDEX: 18 I deposited each sealed FEDEX envelope, with FEDEX delivery fees fully prepaid or 19 provided for, in a FEDEX depository at Stockton, California. 20 BY E-MAIL or ELECTRONIC TRANSMISSION. 21 I caused the document listed above to be served via electronic transmission upon all counsel 22 of record at their respective email addresses listed with the Court’s electronic filing system. 23 Executed on March 16, 2021 at Stockton, California. 24 I declare under penalty of perjury under the laws of the State of California that the above is 25 true and correct. 26 ERICA GARNICA 27 28 Mordaunt, Roundy, Reihl & Jimerson 7488 Shoreline Drive, Suite B1 Stockton, CA 95219 (209) 473-8732 1 O'Grady v. County of Stanislaus Stanislaus Superior Court Case No. CV-19-000798 2 Mailing List 3 4 NAME 5 Gary Chambers, Esq. 6 Chambers & Noronha 2070 N. Tustin Avenue 7 Santa Ana, CA 92705 glchambers@cnlegalgroup.com 8 clwilliams@cnlegalgroup.com balcala@cnlegalgroup.com 9 Carolyn L. Northrop, Esq. 10 Schuering Zimmerman & Doyle, LLP 400 University Avenue 11 Sacramento, CA 95825 cln@szs.com 12 13 Jerome M. Varanini, Esq. Law Office of Jerome M. Varanini 14 641 Fulton Avenue, Suite 200 Sacramento, CA 95825 15 jvaranini@tsvlaw.com 16 17 18 19 20 21 22 23 24 25 26 27 28 Mordaunt, Roundy, Reihl & Jimerson 7488 Shoreline Drive, Suite B1 Stockton, CA 95219 (209) 473-8732