esteban miguel silva, jr. , Plaintiff, v. watts learning center, inc., et al., Defendants.
Case No.: BC662428
Hearing Date: May 22, 2019
[TENTATIVE] order RE:
defendants’ MOTION FOR SUMMARY JUDGMENT
Background
Plaintiff Esteban Miguel Silva Jr. (“Plaintiff”) sustained injuries while playing football during recess on the playground at Defendant Watts Learning Center, Inc. (“Defendant”). Defendant moves for summary judgment on Plaintiff’s complaint, and co-defendant Aundre Cummings joins in the motion. The motion is denied.
LEGAL STANDARD
“[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . . There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield
Hearing Date
May 22, 2019
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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esteban miguel silva, jr. , Plaintiff, v. watts learning center, inc., et al., Defendants.
Case No.: BC662428
Hearing Date: May 22, 2019
[TENTATIVE] order RE:
defendants’ MOTION FOR SUMMARY JUDGMENT
Background
Plaintiff Esteban Miguel Silva Jr. (“Plaintiff”) sustained injuries while playing football during recess on the playground at Defendant Watts Learning Center, Inc. (“Defendant”). Defendant moves for summary judgment on Plaintiff’s complaint, and co-defendant Aundre Cummings joins in the motion. The motion is denied.
LEGAL STANDARD
“[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . . There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield