Iren Aikman et al v. Lyft, Inc. et al

Matter on the Law & Motion/Discovery Calendar for Friday, September 12, 2025, line 3, 1- DEFENDANT LYFT, INC. MOTION FOR SUMMARY JUDGMENT Or In The Alternative, Motion For Summary Adjudication (tentative ruling part 1 of 2)

Defendant Lyft, Inc.'s motion for summary judgment, or in the alternative, summary adjudication, is denied.

On October 26, 2021, Plaintiffs Iren Aikman and Evgenia Shestakova were injured while driving a motorcycle that collided with a car driven by Mohammad Akbar, who was driving for the rideshare app Lyft. Plaintiffs sued Lyft, asserting causes of action for 1) vicarious liability, 2) negligent hiring, supervision and/or retention, 3) negligent entrustment, and 4) loss of consortium. Lyft now moves for summary judgment, or alternatively, summary adjudication on all four claims.

"A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding." (CCP 437c(a)(1).) "The 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." (CCP 437c(c).) The moving party must make an initial showing, based upon affirmative evidence, that summary judgment must be granted. (Aguilar v.

Atlantic Richfield Company (2001) 25 Cal.4th 826, 850.) If the movant meets this initial burden, the burden then shifts to the opposing party to show that a triable issue of one or more material facts exists. The court liberally construes the evidence in support of the party opposing summary judgment and resolves doubts concerning the evidence in favor of that party. (Hughes v. Pair (2009) 46 Cal.4th 1035, 1039.) The moving party bears the burden of persuasion "from the commencement to conclusion" to show "that there is no triable issue of material fact and that [it] is entitled to judgment as a matter of law." (Id.)

The end result must be a judgment, leaving nothing left to adjudicate.

Exhibits to a declaration in support of a motion for summary judgment must be included with the declaration. Under CCP sec. 473c(b)(4), "The reply shall not include any new evidentiary matter, additional material facts, or separate statement submitted with the reply and not presented in the moving papers or opposing papers." A trial court errs when it considers supplemental evidence included with reply papers. (San Diego Watercrafts, Inc. v. Wells Fargo Bank, N.A. (2002) 102 Cal.App.4th 308, 312