Tentative ruling for March 31, 2017 on Defendants Arturo and Irma Larios' motion for summary judgment.
Evidentiary issues: All asserted facts from both sides are undisputed and established.
Merits: Grant Defendants' motion for summary judgment. There is no triable issue of fact as to defendants having a duty to plaintiff under the facts of this case, which involve a public sidewalk and a tree planted and maintained by the City of Oxnard in a city easement area adjacent to the public street. (Defendant's Facts 1, 4, 5, 6, and 7 and the evidence cited therein, and Plaintiff's Facts 1, 2, and 3 and the evidence cited therein.)
Hearing Date
April 03, 2017
Category
Civil - Unlimited
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Tentative ruling for March 31, 2017 on Defendants Arturo and Irma Larios' motion for summary judgment.
Evidentiary issues: All asserted facts from both sides are undisputed and established.
Merits: Grant Defendants' motion for summary judgment. There is no triable issue of fact as to defendants having a duty to plaintiff under the facts of this case, which involve a public sidewalk and a tree planted and maintained by the City of Oxnard in a city easement area adjacent to the public street. (Defendant's Facts 1, 4, 5, 6, and 7 and the evidence cited therein, and Plaintiff's Facts 1, 2, and 3 and the evidence cited therein.)