Motion for Summary Judgment
Case: Steinke v. Huntington Family Trust Case No. CV2025-0712 Hearing Date: June 9, 2026 Department Fourteen 9:00 a.m.
Defendant Huntington Family Trust’s request for judicial notice is GRANTED. (Evid. Code, §§ 452, 453.)
Plaintiff Donald Steinke’s request for judicial notice is DENIED. (Evid. Code, §§ 452, 453.) The documents are irrelevant to the Court’s determination of the motion. (Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825 [“Any matter to be judicially noticed must be relevant to a material issue.”].)
Defendant’s motion for summary judgment is DENIED. (Code Civ. Proc., § 437c, subds. (c), (p)(2).) Pursuant to Fernandez v. Lawson (2003) 31 Cal.4th 31, defendant has established that it did not need to comply with OSHA tree trimming regulations under the circumstances because defendant, the homeowner, hired plaintiff for noncommercial purposes. (Fernandez, supra, 31 Cal.4th at pp. 36-39; UMF 2; Defendant’s RJN, Exhibit A, p. 4; see also San Diego Watercrafts, Inc. v. Wells Fargo Bank (2002) 102 Cal.App.4th 308, 315-316.)
However, defendant has not shown that plaintiff cannot establish his negligence per se cause of action. (CACI 418.) Specifically, defendant did not negate either element of negligence per se as to all laws stated in the complaint or show that such violations are excused as a matter of law. (Ibid.; Lab. Code, § 3352
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
As defendant has not established that plaintiff’s third cause of action fails and defendant did not seek summary adjudication in the alternative, the Court does not consider defendant’s arguments as to plaintiff’s negligence (first) and premises liability (second) causes of actions. (Code Civ. Proc., § 437c, subds. (c), (f).)
If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.
7 of 7