How to get a cause of action dismissed w/o going to trial?

[pstern]

What is the name of your state? California

My wife bought her 24 year old son a quad and registered it in her name.
He was in an off road accident in which his passenger was injured and
incurred $40K in medical expenses.

The passenger's attorney brought two causes of action against my wife,
The first is Negligence, which under CA Vehicle Code section 17151 my
wife is going to be liable for $15K as the registered owner of a vehicle
involved in an accident but operated by someone other then herself.

The second is Negligent Entrustment. This one appears to be baseless.
Her son did not have a history of reckless driving either on road of off.
He had been riding off road vehicles since he was a young child and was
proficient at it.

The passenger's attorney seems set on going to trial (he's been practicing
for less than two years). If we do go to trial we're going to incur tens of
thousands of dollars in additional legal fees and still (hopefully) end up
owning only the $15K for Negligence.

Is there a way, short of going to trial, to get the Negligent Entrustment
COA dismissed if it's baseless? I want to avoid spending $30K extra to
lose $15K.

Thanks,

PS

 

[seniorjudge]

What is the name of your state? California

My wife bought her 24 year old son a quad and registered it in her name.
He was in an off road accident in which his passenger was injured and
incurred $40K in medical expenses.

The passenger's attorney brought two causes of action against my wife,
The first is Negligence, which under CA Vehicle Code section 17151 my
wife is going to be liable for $15K as the registered owner of a vehicle
involved in an accident but operated by someone other then herself.

The second is Negligent Entrustment. This one appears to be baseless.
Her son did not have a history of reckless driving either on road of off.
He had been riding off road vehicles since he was a young child and was
proficient at it.

The passenger's attorney seems set on going to trial (he's been practicing
for less than two years). If we do go to trial we're going to incur tens of
thousands of dollars in additional legal fees and still (hopefully) end up
owning only the $15K for Negligence.

Is there a way, short of going to trial, to get the Negligent Entrustment
COA dismissed if it's baseless? I want to avoid spending $30K extra to
lose $15K.

Thanks,

PS

What does your insurance company say?

 

[pstern]

The quad was insured for theft only. It is also excluded in no uncertain terms
by our homeowner's policy and our claim with the HO policy was denied.

 

[seniorjudge]

The quad was insured for theft only. It is also excluded in no uncertain terms
by our homeowner's policy and our claim with the HO policy was denied.

The only way to determine if the negiligent entrustment is a valid cause of action is to litigate it before the court.

 

[You Are Guilty]

The only way to determine if the negiligent entrustment is a valid cause of action is to litigate it before the court.

Why? Did they abolish summary judgment motions in California? (s.437 was it? Long time since I've had to check )

 

[seniorjudge]

Why? Did they abolish summary judgment motions in California? (s.437 was it? Long time since I've had to check )

Summary judgment is proper if the evidence and pleadings on file "show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."

for citation:

http://www.rluipa.com/cases/RedwoodSJMemo.pdf


Yes, this is a Federal case in CA but I suspect the CA state standard is pretty much the same.

I suspect that in this case there are a whole bunch of material facts in issue concerning negligent entrustment.

Just a guess....

 

[seniorjudge]

s.437 was it?

No, that was:

Arizona Water Settlement Act (S.437)

http://www.crb.ca.gov/03AprilAgdLthd.htm

 

[You Are Guilty]

No, that was:

Arizona Water Settlement Act (S.437)

http://www.crb.ca.gov/03AprilAgdLthd.htm

Hey, that's pretty close (I said it's been a while)

But hell, even a SJ motion that's denied is a lot cheaper than a trial.

 

[seniorjudge]

But hell, even a SJ motion that's denied is a lot cheaper than a trial.

True...but then you still have to go to trial....

 

[You Are Guilty]

But hell, even a SJ motion that's denied is a lot cheaper than a trial.

True...but then you still have to go to trial....

Tsk, tsk, tsk. Such a pessimist.

Even a broken clock is right twice a day

 

[Sadness05]

seniorjudge,

Can you please give me your input on my case which can be found here:

https://forum.freeadvice.com/showthread.php?t=235732

It is urgent, please!!! You answer is highly appreciated.

Thanks