HEARING ON MOTION FOR SUMMARY ADJUDICATION

FILED BY MARCUS JULES

* TENTATIVE RULING: *

Defendant Marcus Jules’s Motion for Summary Adjudication is granted as to both issues – intentional tort (2nd cause of action) and punitive damages.

Plaintiff’s Opposition was filed and served late. However, the Court exercises its discretion and has accepted and considered the Opposition.

“Motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Cal. Code Civ. Proc. § 437c(c). The party moving for summary judgment carries both the burden of persuasion and the burden of production of evidence. (Evid. Code §500; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.)

This action arises out of a car accident that occurred on May 11, 2015 on Deer Valley Road near Asilomar Drive in Antioch. Plaintiff Napoleon Rivera was driving a SUV with four