What is Premises Liability?

Useful Rulings on Premises Liability

Recent Rulings on Premises Liability

JERRY TAYLOR, JR. VS AVANI HOME, INC., ET AL.

Plaintiff asserts causes of action for negligence and premises liability. Plaintiff filed his complaint on October 22, 2019, to which Defendant Herberg A. Bagoro demurred. Prior to the hearing, Plaintiff filed a first amended complaint. Therefore, the demurrer is overruled as moot. Defendants shall provide notice and file proof of such with the Court. DATED: December 1, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BLANCA Y NAVARRO, ET AL. VS ROBERT WU, ET AL.

Negligence—Premises Liability 5. Nuisance 6. Battery 7. Intentional Infliction of Emotional Distress 8. Negligent Infliction of Emotional Distress 9. Breach of Contract 10. Breach of Covenant of Quiet Enjoyment On August 31, 2020, Plaintiffs filed an “Amendment to Complaint,” wherein All County West Property Management aka All County Property Management West was named in lieu of Doe 1.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ALEKSANDR BIBLE VS ROBERT ALLEN FLOWERS

BACKGROUND On November 29, 2018, Plaintiff Aleksandr Bible filed a complaint against Defendant Robert Allen Flowers for motor vehicle, general negligence, intentional tort, products liability, and premises liability. On July 10, 2020, specially appearing defendant Robert Allen Flowers (“Defendant”) filed a motion to quash service of process. No opposition papers have been filed. Trial is set for March 10, 2021.

  • Hearing

JOSEPH SORIA VS MILLERCOORS, LLC, ET AL.

(“Alltech”), Pacific, PolyOne Corporation, Marinela Hendon (“Hendon”) and Does 1-100 for: General Negligence Premises Liability Negligent Undertaking Strict Products Liability—Design Defect Strict Products Liability—Failure to Warn On November 10, 2020, a “Stipulation of Plaintiff Joseph Soria and Defendants MillerCoors, LLC, MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon to Dismiss MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon” was filed.

  • Hearing

HOUSHANG HAKAKHA VS ANOUSH BANQUET HALLS & CATERING, ET AL.

Demurrer First Cause of Action Defendants argue it is unclear whether Plaintiff is bringing a first cause of action given that the only attached causes of action for general negligence and premises liability are labeled as the “second” and “third” causes of action, respectively. While the attached causes of action are labeled as the second and third causes of action, paragraph 10 of the complaint clarifies that Plaintiff is only bringing causes of action for general negligence and premises liability.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KIMBERLY CARVALHO-FAUCHER VS SERVICE CONCIERGE INC, A BUSINESS ENTITY FORM UNKNOWN, ET AL.

The complaint alleges premises liability and negligence for a trip-and-fall that occurred on January 27, 2018. On August 12, 2020, Defendant Service Concierge, Inc. (“Defendant”) filed a motion to compel responses to request for production of documents. PARTY’S REQUEST Defendant requests a court order compelling Plaintiff to provide verified responses without objections to Request for Production of Documents, Set Two. Defendant also requests monetary sanctions in the amount of $1,355.00.

  • Hearing

JENNIFER LITTLE VS JONATHAN LOPEZ ET AL

The complaint alleges motor vehicle negligence, negligence, premises liability, and statutory liability for dangerous condition of public property for an automobile-pedestrian collision that occurred on November 9, 2016. On May 20, 2020, Defendant filed a motion for summary judgment on Plaintiff’s complaint and the motion was granted on July 17, 2020. On August 4, 2020, judgment was entered for Defendant. On August 6, 2020, Defendant filed a notice of entry of judgment.

  • Hearing

DONALD HEINSHEIMER LEEDS VS STOLTZ MANAGEMENT OF DELAWARE, INC., ET AL.

Demurrer – Premises Liability “The elements of a cause of action for premises liability are the same as those for negligence: duty, breach, causation, and damages.”¿(Castellon v. U.S. Bancorp¿(2013) 220 Cal.App.4th 994, 998.) Stoltz demurs on grounds that Plaintiff has not alleged sufficient facts to show Stoltz had a duty to Plaintiff or Decedent, and this cause of action is duplicative of Plaintiff’s negligence cause of action. (Demurrer, pg. 13-14.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SANDY PARK VS ARMSTRONG GARDEN CENTERS, INC

BACKGROUND On August 9, 2019, Plaintiff Sandy Park filed a complaint against Defendants Armstrong Garden Centers, Inc. and Does 1 to 20 for premises liability and general negligence arising from an improperly restrained tree falling on top of Plaintiff while Plaintiff was on Defendants’ premises. On March 10, 2020, Plaintiff filed an amendment to complaint, substituting in Rolling Hills Nursery, Inc. for Doe 1. On October 27, 2020, Defendant Armstrong Garden Centers, Inc.

  • Hearing

PEDRO GONZALEZ CRUZ, ET AL. VS JAMES WOOD PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

., LLC (“1723 James Wood”) and Rami Grinwald (“Grinwald”) (collectively, “Defendants”), among others, for wrongful death and premises liability. Plaintiffs allege that in early to mid-May 2018, Decedent was employed as a caretaker for Jose Guillermo Sandoval (“Sandoval”) and would go to Sandoval’s apartment, located at 1723 James M. Wood Blvd., Los Angeles, several days a week to help with errands and house cleaning. (Compl., ¶¶ 1-2.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CHUCKRID HUTAYANA VS YOUNG MENS CHRISTIAN ASSOCIATION OF

Plaintiff filed a Complaint on January 02, 2018, alleging five (5) causes of action sounding in: (1) Negligence; (2) Premises Liability; (3) Strict Products Liability (Design Defect); (4) Strict Liability (Failure to Warn); and (5) Products Liability (Negligence). PRESENTATION: The instant motion was received by the Court on March 13, 2020, the opposition was received on March 24, 2020, and the reply was received on March 30, 2020.

  • Hearing

NICOLE JENNIFER BASTIDAS VS CITY OF LOS ANGELES, A PUBLIC ENTITY, ET AL.

Plaintiff alleges negligence, premises liability, and violations of various sections of the Government Code arising from an incident where Plaintiff hit an uneven divot in the road while riding an electric scooter on May 1, 2019. On July 14, 2020, the Court dismissed Defendant County of Los Angeles without prejudice. On July 21, 2020, Plaintiff filed a first amended complaint.

  • Hearing

GLEASON V. COUNTY OF ORANGE

Issue No. 3: The Second Cause of Action for Premises Liability – Dangerous Condition of Public Property is barred because the County has immunity pursuant to Government Code, section 831.4(b). The court DENIES the Motion for Summary Adjudication as to Issue No. 2 for the same reasons given for Issue No. 3. Issue No. 1: The First Cause of Action for Common Law Negligence is barred because the County has no liability for common law negligence as a matter of law.

  • Hearing

COHN V. ORTHOPEDIC INSTITUTE OF NEWPORT BEACH, LP

Here, Plaintiff’s Complaint (filed on 1-7-19 under ROA No. 2) alleges a cause of action for Negligence/Premises Liability against Defendant. CACI No. 1000 sets forth the elements necessary to establish a cause of action for premises liability. “The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury. [Citations.]

  • Hearing

ANNA MEZHERITSKY VS MARY DURHAM, ET AL.

Plaintiff alleges negligence and premises liability arising from a fall that occurred on February 9, 2019. On September 2, 2020, Defendant Westlake filed a demurrer to the complaint pursuant to California Code of Civil Procedure section 430.10. Trial is set for December 22, 2021. PARTY’S REQUEST Defendant Westlake asks the Court to sustain its demurrer to Plaintiff’s complaint because Defendant Westlake cannot be liable for the furnishing of alcoholic beverages.

  • Hearing

ARMINEH TAVOOSIAN VS RAGING WATERS OF CALIFORNIA LTD ET AL

Plaintiff alleges premises liability and negligence arising from a trip-and-fall that occurred on August 30, 2015. On March 26, 2019, Plaintiff filed a first amended complaint to, in part, name Defendant Palace Entertainment. On June 26, 2020, Defendant Festival Fun Parks, LLC dba Raging Waters (“Defendant Festival”) filed a motion for summary judgment or, alternatively, summary adjudication pursuant to California Code of Civil Procedure section 437c.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SEVAK MNATSAKANYAN VS OMAR MERIDA

Plaintiff alleges negligence, premises liability, and strict liability in the complaint arising from a dog attack that occurred on August 2, 2018. On October 13, 2020, Plaintiff’s counsel, Richard Kahanowitch, filed a motion to be relieved as counsel pursuant to California Rules of Court rule 3.1362. Trial is set for April 21, 2021. PARTY’S REQUEST Richard Kahanowitch asks the Court to be relieved as counsel for Plaintiff because Plaintiff has been unresponsive.

  • Hearing

VIRAMSHABUH DUHANCIOGLU VS RALPHS, ET AL.

Demurrer – Statute of Limitations An action for negligence and premises liability must be brought within two years of the date of the negligently caused injury. (Code Civ. Proc., § 335.1; Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, 1109.) In assessing a demurrer challenging the complaint based on a statute of limitations defense, the Court must determine whether such a defense is plain on the face of the complaint.

  • Hearing

HANY AWAD VS AMAL K. ABDELMALAK

Plaintiff alleges premises liability in the complaint arising from an incident that occurred on February 20, 2018. On August 11, 2020, Plaintiff’s counsel, Frank G. Piazza, Jr., filed a motion to be relieved as counsel for Plaintiff pursuant to California Rules of Court, rule 3.1362. Trial is set for August 17, 2021. PARTY’S REQUEST Plaintiff’s counsel, Frank G.

  • Hearing

JUAN CARLOS RODRIGUEZ INDIVIDUALLY AND AS SUCCESSOR IN INTEREST FOR CELIA VAZQUEZ VS. KAISER FOUNDATION HEALTH PLAN INC

(KFHP), any contracted health care providers, administrators, or other associated parties on the other hand, for alleged violation of any duty arising out of or related to membership in KFHP, including any claim for medical or hospital malpractice (a claim that medical services were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered), for premises liability, or relating to the coverage for, or delivery of, services or items, irrespective of legal theory, must be decided by

  • Hearing

SYDNEY GARCIA VS CRISETTE LLC, ET AL.

Plaintiff alleges negligence and premises liability arising from a gate that fell on Plaintiff on August 17, 2011. On August 26, 2020, Defendant Crisette LLC filed a demurrer to Plaintiff’s complaint pursuant to Code of Civil Procedure section 430.10. Trial is set for September 23, 2021. PARTY’S REQUEST Defendant Crisette LLC asks the Court to sustain its demurrer to Plaintiff’s complaint because it is barred by the relevant statute of limitations.

  • Hearing

ANTONIO ROBLES VS IRFAN HUSEIN

Plaintiff alleges negligence and premises liability arising from a trip-and-fall that occurred on September 27, 2019. On August 21, 2020, Defendant filed a motion to strike pursuant to California Code of Civil Procedure section 435, subdivision (b). Trial is set for December 22, 2021. PARTY’S REQUEST Defendant asks the Court to strike punitive damages from the complaint because Plaintiff has not alleged sufficient facts to ask for punitive damages.

  • Hearing

MARIE MCGINNIS VS RICHARD GABRIEL, ET AL.

As such, the Court will deny summary judgment as to the first cause of action sounding in premises liability. Gabriel Defendants – Second Cause of Action (Negligence) – The elements for a negligence claim are identical to that of a premises liability claim. As the Court has analyzed the parties' arguments for premises liability, supra, the Court will deny summary judgment as to the second cause of action sounding in negligence.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GERLAND BURKETT VS 99 CENTS ONLY STORES, INC.

Plaintiff alleges negligence and premises liability in the complaint for a slip and fall that occurred on November 26, 2016. On September 17, 2019, the Court approved an amendment to the complaint renaming Defendant 99 Cents Only Stores, Inc. as Defendant 99 Cents Only Stores, LLC (“Defendant”). On October 15, 2020, Defendant filed a motion for judgment on the pleadings pursuant to California Code of Civil Procedure section 438. Trial is set for March 9, 2020.

  • Hearing

PRICE V. NORTHERN TRUST CO.

As to the first cause of action for premises liability is overruled. Plaintiffs have alleged that the defendant controlled and property, was negligent in the maintenance of the property, plaintiff was harmed, and defendant's negligence was a substantial factor in causing Plaintiff's harm. As to the third cause of action for strict liability is sustained with leave to amend.

  • Hearing

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