Starr v. Greenwood et al

Filing 54

ORDER granting 50 Motion for Summary Judgment signed by Judge John A. Mendez on 1/5/15. (Kaminski, H)

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GAVAN R. MUNTER, ESQ. (SBN 134924)
TIZA SERRANO THOMPSON & ASSOCIATES
Employees of the Corporate Law Department
State Farm Mutual Automobile Insurance Company
2710 South Gateway Oaks Dr., Suite 210
Sacramento, CA 95833
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendants
Dan Steffanic and Leann Steffanic

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON STARR, INDIVIDUALLY AND
AS GUARDIAN AD LITEM FOR E.S.,
A MINOR CHILD,
Plaintiffs,

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v.

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JEFFREY M. GREENWOOD AND
LESLIE K. GREENWOOD,
INDIVIDUALLY AND AS HUSBAND AND
WIFE AND DOING BUSINESS AS
SIERRA VALLEY BARNS & GAZEBOS,
DAN STEFFANIC AND LEANN
STEFFANIC, INDIVIDUALLY AND AS
HUSBAND AND WIFE, DOES 1
THROUGH 13, AND DOES 16
THROUGH 20,

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CASE NO. 2:13-CV-01881-JAM-CMK
ORDER GRANTING DEFENDANTS
DAN AND LEANN STEFFANIC’S
MOTION FOR SUMMARY JUDGMENT
Date:
Time:
Courtroom:
Judge:
Trial Date:

December 17, 2014
9:30 a.m.
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Hon. John A. Mendez
April 6, 2015

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Defendants.
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The Motion for Summary Judgment of Defendants Dan and Leann Steffanic

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(“Defendants”) came on for hearing on December 17, 2014 at 9:30 a.m. in Department 6

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of the above-entitled Court, Judge John A. Mendez presiding. Bert Guerra, Esq. of Bert

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Guerra & Associates, and Curtis B. Coulter, Esq. of Law Offices of Curtis B. Coulter,

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P.C., appeared on behalf of Plaintiff. Gavan R. Munter, Esq. of Tiza Serrano Thompson

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& Associates appeared on behalf of Defendants DAN and LEANN STEFFANIC.

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Defendants Jeffrey M. Greenwood and Leslie K. Greenwood, pro se, were in attendance
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Order Granting Defendants Dan and Leann Steffanic’s Motion for Summary Judgment

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in the gallery.

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The Court, having reviewed and considered all moving papers submitted by

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Defendants Steffanic in support of their Motion for Summary Judgment; all papers

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submitted by plaintiff Jason Starr, individually and as Guardian Ad Litem for E.S., a minor

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child, in opposition to Defendant’s Motion for Summary Judgment and all papers

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submitted by Defendant’s in reply to Plaintiff’s opposition; and having heard the

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arguments of counsel, finds as follows:

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As to plaintiff’s sole cause of action against Defendant’s for wrongful death, the

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Court analyzed the moving papers submitted by the parties in light of the factors set forth

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in Rowland v. Christian (1968) 69 Cal. 2d 108 and Melton v. Bourstred (2010) 183 Cal.

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App. 4th 521, and finds that Defendants Dan and Leann Steffanic did not owe a legal

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duty to Plaintiff under the circumstances surrounding the subject incident.

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Accordingly, it is hereby ORDERED that Defendants Dan and Leann Steffanic’s

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Motion for Summary Judgment is GRANTED.

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Dated: January 5, 2015

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/s/ John A. Mendez____________
United States District Court Judge

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Approved as to form:

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/s/ Bert Guerra, Esq.
Bert Guerra, Esq.
/s/ Curtis B. Coulter, Esq.
Curtis B. Coulter, Esq

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Order Granting Defendants Dan and Leann Steffanic’s Motion for Summary Judgment