Kabat

FACTS

Caltrans’s summary judgment motion was also directed at the cross-complaint of the driver and the alleged owner of the car, for indemnity, declaratory relief, and apportionment of fault. Because only Plaintiffs appealed the trial court’s ruling on Caltrans’s motion for summary judgment, we limit our summary of the facts to matters relevant to those claims. I.

THE ACCIDENT

The following facts are taken from allegations in the complaint not controverted by Caltrans, material facts in the separate statement deemed undisputed by both sides, or evidence submitted in support of or in opposition to the summary judgment motion that is essentially uncontroverted by the parties for the purpose of the motion. On the morning of July 11, 2020, Hernan Javier Dell Aquila was driving westbound on Jeffrey Road in Irvine, heading toward the northbound I-405 onramp from Jeffrey Road (the Jeffrey onramp). The posted speed limit on Jeffrey Road is 50 miles per hour, and the posted speed limit on the I-405 freeway is 65 miles per hour.

2 Plaintiffs separately appealed from the summary judgment for the City. In a companion opinion filed today, we also affirm that judgment. (Kabat v. City of…