![]() In opposition, Plaintiff relies on his own declaration. (Plaintiff’s Separate Statement of Undisputed Facts, ¶ 13.) This evidence is sufficient to satisfy Defendant’s burden, shifting the burden to Plaintiff. ( Ibid.) It is undisputed that Plaintiff resided at the Home voluntarily. I did not supervise the operation of the Home and I had no involvement in its supervision, such as assigning the residents to community service. I would, on occasion, go to the Home as a church leader and meet with residents to provide help with their progress in adjusting to life out of prison. I had no duties or supervisory responsibilities at the Home when was there. ![]() (Declaration of Nicholas Langarica, ¶ 6.) Specifically, Defendant states: In support of his motion, Defendant proffers his own declaration, which states that he did not supervise or oversee the home at the time of the shooting. The Court grants summary judgment because there is no triable issue whether Defendant owed Plaintiff a duty. To state a claim for negligence, Plaintiff must show that Defendant had a duty to Plaintiff, that Defendant breached that duty, and that the breach caused damages to Plaintiff. determine what any evidence or inference could show or imply to a reasonable trier of fact. (2001) 25 Cal.4th 826, 850.) “he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact.” ( Ibid.) In ruling on the motion, “the court may not weigh the plaintiff's evidence or inferences against the defendant as though it were sitting as the trier of fact.” ( Id. There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” ( Aguilar v. “he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. Plaintiff opposes the motion, which is granted. Defendant moves for summary judgment on Plaintiff’s complaint for negligence. Plaintiff alleges that he was required to perform community service work outside the residence, even though his visible tattoo made him a target for gang members, and that he was shot as a result. Defendant Nicholas Langerica (“Defendant”) was the assistant pastor for the region of Victory Outreach International that included the home. Plaintiff Damian Perez (“Plaintiff”) alleges that he is a former gang member who lived at a rehabilitation home (the “Home”) owned and operated by Defendants Victory Outreach International and Victory Outreach Salinas. Superior Court of California County of Los Angeles Department 5 We currently have three recovery homes, two Men’s Homes and one Women’s home all in South Wales offering residential alcohol & drug support in the UK.Case Number: ****9198 Hearing Date: NovemDept: 5 In addition, Lifestyle based on Christian values that we hope people will continue living in after being with us. Programs can typically start and end when people move on from supported housing, we offer supported housing for drug and alcohol rehabilitation. In our residential alcohol & drug support UK rehabilitation centres, our days and weeks do form a structured program, however, we do not offer just a program, we offer a Lifestyle. Our South Wales residential recovery homes are located in the beautiful area of Wales, take your step toward a brighter future and contact us today”.įor thirty years Victory Outreach UK has helped support people with life-controlling issues and provides the much-needed discipline and daily structure that helps bring people back into normal independent living. “A brighter future “Hope” is never far away for those who reach out for help in their recovery.
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