Hernandez vs City Of San Diego

Case No.: 37-2018-00037851-CU-PO-CTL    

MOTION FOR SUMMARY JUDGMENT by defendant San Diego Gas & Electric Company is GRANTED.

Defendant City of San Diego's objection to Ex. O is sustained. Objections to Exs. M and N are overruled. Plaintiff has not opposed this Motion. Co-defendant City of San Diego filed objections, a declaration with an exhibit containing Civil Code § 831 and a responsive Separate Statement, but provided no argument against granting this Motion. Defendant City of San Diego's objection to Ex. O is sustained. Objections to Exs. M and N are overruled.

Any claim plaintiff may have had against moving defendant San Diego Gas & Electric Company [SDGE] for her injuries is barred by CCP § 337.1. Evidence is presented that SDGE performed roadwork in the area in 1986 when it installed a vault and facilities, but there has been no work done since that disturbed the roadway in the area where plaintiff fell. (Taylor Declaration and Undisputed Facts Nos. 7-9 and 11-13; see also Exs. B-F)........