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January 30, 2020
San Diego County, CA
Civil - Unlimited
PI/PD/WD - Other
Bertha Hernandez (Petitioner), represented by Raymond Ghermezian
City of San Diego (Defendant), represented by Valerie S Silverman
County of San Diego (Defendant)
Metropolitan Transit System (Defendant)
San Diego Gas and Electric Company (Defendant), represented by KIMBERLI CARROLL
State of California (Defendant), represented by Sophia J Luber
State of California acting by and through the Department of Transportation (Defendant), represented by Sophia J Luber
Jan 30, 2020
Jan 09, 2020
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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)........
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