martin balmaceda, Plaintiff, v. zhicheng liu, et al., Defendants.

Case No.: BC683071

Hearing Date: January 22, 2020

[TENTATIVE] order RE:

defendant’S motion for summary judgment

BACKGROUND

Plaintiff Martin Balmaceda (“Plaintiff”) filed this action against Defendants Austin Butler and Holly Butler (collectively, “Defendants”) following a motor vehicle collision. Defendants owned the vehicle at issue in the collision. Holly Butler’s father, co-defendant Zhichgeng Liu, was driving the vehicle involved in the collision. Even though the accident occurred on December 30, 2015, and the complaint was filed on November 9, 2017, Plaintiff still has not served Liu. Trial in this matter is set for March 19, 2020. Now, Defendants move for summary judgment on Plaintiff’s complaint for general and motor vehicle negligence. Plaintiff opposes the motion but also seek a continuance to serve Liu. Plaintiff’s request for a continuance is denied, and the motion is granted.

LEGAL STANDARD

“[T]he par