Motion: Motion for Summary Judgment and/or Adjudication. Moving Party Defendant Hyundai Motor America. Responding Party Plaintiffs Victor and Shannon Partaker.
Ruling: Defendant’s Motion for Summary Judgment or Summary Adjudication is DENIED.
(Code Civ. Proc., § 437c.)
The Opposition contends that Victor Partaker is the “sole remaining plaintiff.”
(See Pltf.’s Sep. St. No. 42h.) There is nothing in the court record or evidence in the papers to support this contention. Thus, this ruling assumes both plaintiffs remain in the case.
First Cause of Action (Negligence). The motion for summary adjudication is denied as to the first cause of action for negligence.
To state a claim for negligence, plaintiff must allege that: (i) defendants had a legal duty to use due care; (i) a breach of such legal duty; and (iii) the breach as the proximate or legal cause of the resulting injury. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) Generall........