MOTION FOR SUMMARY JUDGMENT
ON COMPLAINT FOR AUTO (OVER
PACIFIC BELL TELEPHONE
CVRI2101154
$25,000) OF PACIFIC BELL
COMPANY VS FUENTES
TELEPHONE COMPANY BY PACIFIC
BELL TELEPHONE COMPANY
Tentative Ruling: Denied. The moving plaintiff failed to meet its initial burden. First, the moving
party
has
not
even
tried
to establish
its damages,
and
that
issue
may
not
be
left for
later
determination. .” Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241.
Second,
plaintiff fails to understand
how
hard
itis to
prove
liabilityon
summary
judgment.
To
succeed
on
a
res
ipsa
loquitur
theory,
as
plaintiff is trying
to
do,
plaintiff “must
produce
the
following evidence in order to receive the benefit of the doctrine: 1) the accident must be of a kind
which ordinarily does not
occur in the absence of
someone's negligence; 2) it must have been
caused by an agency or instrumentality within the exclusive control of the defendant; and 3) the
accident must not have been due to any vol