Defendant Hertz Vehicles, LLC’s Motion for Summary Judgment is GRANTED. CCP § 437c.
A party seeking summary judgment has the burden of producing evidentiary facts sufficient to entitle him/her to judgment as a matter of law. CCP § 437c(c); Vesely v. Sager (1971) 5 Cal.3d 153. The moving party must make an affirmative showing that he/she is entitled to judgment irrespective of whether or not the opposing party files an opposition. Villa v. McFerren (1995) 35 Cal.App.4th 733. When a Defendant or Cross-Defendant seeks summary judgment, he/she must show either (1) that one or more elements of the cause of action cannot be established; or (2) that there is a complete defense to that cause of action. CCP § 437c(p)(2).
The instant action for personal injury and property damages arises out of a car accident. Plaintiff was driving a vehicle that was involved in an accident with a vehicle that Defendant Hertz Vehicles, LLC owned and rented to co-defendant Demi Margaret DeCoux.
The com
Type
AUTO (Limited Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Defendant Hertz Vehicles, LLC’s Motion for Summary Judgment is GRANTED. CCP § 437c.
A party seeking summary judgment has the burden of producing evidentiary facts sufficient to entitle him/her to judgment as a matter of law. CCP § 437c(c); Vesely v. Sager (1971) 5 Cal.3d 153. The moving party must make an affirmative showing that he/she is entitled to judgment irrespective of whether or not the opposing party files an opposition. Villa v. McFerren (1995) 35 Cal.App.4th 733. When a Defendant or Cross-Defendant seeks summary judgment, he/she must show either (1) that one or more elements of the cause of action cannot be established; or (2) that there is a complete defense to that cause of action. CCP § 437c(p)(2).
The instant action for personal injury and property damages arises out of a car accident. Plaintiff was driving a vehicle that was involved in an accident with a vehicle that Defendant Hertz Vehicles, LLC owned and rented to co-defendant Demi Margaret DeCoux.
The com