DEIR ANDRADE, Plaintiff(s), vs. SAFEWAY, INC., ET AL., Defendant(s).

Case No.: BC595045

[TENTATIVE] ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS

Dept. 92

1:30 p.m.

January 30, 2018

Plaintiff, Deir Andrade filed this action against Defendants, Safeway, Inc. and Vons Pavillions for damages arising out of a trip and fall. Plaintiff filed her complaint on 9/18/15. On 8/01/17, the Court granted Defendants’ unopposed discovery motions; among the motions was a motion to deem RFAs admitted.

At this time, Defendants move for judgment on the pleadings on the complaint, contending Plaintiff’s admitted RFAs are fatal to the complaint. Defendants rely on Bockrath v. Aldrich Chem. Co., Inc. (1999) 21 Cal.4th 71, 83 and Williams v. So. Calif. Gas Co. (2009) 176 Cal.App.4th 591, 600 to support their position that the subject RFAs, as well as the Court ruling deeming them admitted, are judicially noticeable and can serve to form the basis of a motion for judgment on the pleadings.

The Co