ALLAN MERCER VS. SAN FRANCISCO AIRPORT COMMISSION ET AL

Set for Law and Motion/Discovery Calendar on Thursday, August 21, 2025, Line 3 1 - DEFENDANT HERTZ GLOBAL HOLDINGS, INC.'s MOTION FOR SUMMARY JUDGMENT.

Defendant Hertz Global Holdings LLC, Inc.'s motion for summary judgment is denied.

Hertz's motion is premised entirely on the single purported undisputed material fact that the naming of Hertz as a Doe defendant is untenable as a matter of law because plaintiff Allan Mercer admitted at his deposition that he was "aware of Hertz's identity as a potential defendant from the time of the underlying accident." Hertz cites six brief portions of Mr. Mercer's deposition as the evidentiary support for this purported fact. All six portions of Mr. Mercer's deposition are quoted on pages 1 and 2 of Hertz's initial memorandum on this motion. Read singly or collectively, those portions of Mr. Mercer's deposition do not establish that Mr. Mercer knew at the time of his accident that Hertz was responsible for the paint design and curb maintenance where Mr. Mercer tripped.

Accordingly, Hertz has not satisfied its summary motion burden showing that Mr. Mercer's claims against Hertz are time-barred due to Mr. Mercer's invalid use of the Doe Amendment procedure and thus Hertz's motion must be denied.

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