2021796 – DOCTORS MEDICAL CENTER OF MODESTO INC vs. GARDNER TRUCKING INC – a) Defendant Gardner Trucking INC.’s Motion for Summary Judgment or in the Alternative Summary Adjudication – Summary Judgment DENIED; Summary Adjudication GRANTED as to the Second and Fourth Causes of Action and the claim for punitive damages; Summary Adjudication DENIED as to the First, Third, and Fifth Causes of Action; b) Defendant Gardner Trucking INC.’s Motion to File Under Seal Exhibits in Support of Defendant Gardner Trucking, INC.’s Renewed Motion for Summary Judgment or in the Alternative Summary Adjudication – GRANTED, and unopposed.
(a)Defendant, as the moving party, has the initial burden of establishing a prima facie showing of entitlement to judgment against Plaintiffs as a matter of law. The Court finds that the Defendant has met its burden with regard to the each challenged cause of action herein as well as the claim for punitive damages. The burden then shifts to Plaintiffs to produce admissibl