Escobedo v. County of San Benito CA6
On May 9, 2017, plaintiff filed a civil complaint against the county and several Doe defendants alleging negligence for injuries he allegedly sustained after falling in his jail cell. According to the allegations in the complaint, water was leaking from the toilet in plaintiff’s cell, his walker skidded on the water, he lost his balance, and he fell on the floor.
The county answered the complaint and filed a motion for summary judgment. In response to the summary judgment motion, plaintiff filed a notice of “qualified nonopposition” on March 25, 2019. (Capitalization omitted.)
On April 2, 2019, two days before the scheduled hearing on the summary judgment motion, plaintiff filed a document entitled “Amendment to Complaint (CCP 474)” in which he substituted Avila and Arrendondo for Does 1 and 2. (Capitalization omitted.)
On April 4, 2019, the trial court filed an order granting the county’s motion for summary judgment.
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