What is premises liability?

Useful Rulings on Premises Liability

Recent Rulings on Premises Liability

THE ESTATE OF ROOP GARG ET AL VS JOHN C WEI ET AL

Wei, Paul Ordinario, Behrooz Sumekh, and Yu Hung Kam alleging negligence, negligence per se, premises liability, wrongful death, and survival action for the death of Decedent Roop Garg (“Decedent”), which occurred on August 11, 2016. On August 8, 2018, Defendant/Cross-Complainant John C. Wei filed a cross-complaint against Defendants/Cross-Defendants Paul Ordinario, Behrooz Sumekh, and Yu Hung Kam seeking indemnity and declaratory relief.

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SECURITY NATIONAL INSURANCE CO VS CALIFORNIA DEPT OF TRANSPO

procedural history Security filed the Complaint on November 20, 2017, alleging three causes of action: Premises Liability Motor Vehicle General Negligence On July 8, 2018, the City filed a Cross-Complaint against Lopez-Pliego and Roes 1-10, alleging three causes of action: Indemnification Apportionment of Fault Declaratory Relief On July 26, 2018, DOT filed a Cross-Complaint against Lopez-Pliego and Roes 1-50, alleging indemnification.

  • Hearing

    Jul 13, 2020

JEFF REINKE VS ELMER ERNESTO LOPEZ PLIEGO ET AL

procedural history Security filed the Complaint on November 20, 2017, alleging three causes of action: Premises Liability Motor Vehicle General Negligence On July 8, 2018, the City filed a Cross-Complaint against Lopez-Pliego and Roes 1-10, alleging three causes of action: Indemnification Apportionment of Fault Declaratory Relief On July 26, 2018, DOT filed a Cross-Complaint against Lopez-Pliego and Roes 1-50, alleging indemnification.

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

DONALD GRINDEN VS PAUL FALLAT, ET AL.

On November 27, 2018, Plaintiff Donald Grinden filed suit against Paul Fallat and Lupe Fallat alleging: (1) general negligence; and (2) premises liability. On January 14, 2020, the Honorable Judge Richard Rico granted Defendant’s motion for summary judgment. Plaintiff now moves for reconsideration of the Court’s ruling.

  • Hearing

    Jul 13, 2020

JUAN MANUEL GUTIERREZ VS CRYSTAL GEYSER WATER COMPANY

The first amended complaint alleges negligence, premises liability, and failure to provide workers’ compensation. On April 3, 2019, Defendant/Cross-Complainant CG Roxane, LLC filed a cross-complaint against Plaintiff/Cross-Defendant Juan Manuel Gutierrez and Cross-Defendants Robert L. Booker, II and Century Park Law Group seeking declaratory relief and alleging a breach of contract, fraud, and negligence.

  • Hearing

    Jul 13, 2020

CHRISTINA GARCIA VS UPTOWN LOUNGE INC

Background: In this action, plaintiff Christina Garcia alleges causes of action for negligence, premises liability, negligent supervision and retention, and battery against defendant Uptown Lounge, Inc., (Uptown Lounge) and Doe defendants arising out of an altercation occurring at Uptown Lounge’s premises on November 15-16, 2019, in which Garcia was attacked by the Doe defendants.

  • Hearing

    Jul 10, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

KENNETH MOORE VS LA COUNTY BOARD OF SUPERVISORS

Plaintiff’s Complaint subsequently asserts a cause of action for Premises Liability. (See id. ¶ 10.) Substantively, Plaintiff alleges having suffered damages as a result of having no mattress to sleep on a hard metal bunk. (Complaint, ¶ 11.) When a general demurrer is asserted against a pleading, “If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer.” (Quelimane Co. v.

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SEAN ROSS PAUL VS TISHMAN SPEYER ARCHSTONE-SMITH ET AL

BACKGROUND On June 10, 2019, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) breach of express and implied contract; (2) breach of the covenant of good faith and fair dealing/breach of express/implied warranty of habitability; (3) fraud, negligent misrepresentation, and concealment; (4) negligence—premises liability; (5) negligence, negligent supervision, and negligent management (owner and manager); (6) negligence; (7) violation of California Business

  • Hearing

    Jul 10, 2020

RAPTIS V. COSTCO WHOLESALE CORPORATION

Premises Liability (Second Cause of Action) To establish a claim for premises liability, the plaintiff must prove: (1) that defendant owned/leased/occupied/controlled the property; (2) that defendant was negligent in the use or maintenance of the property; (3) that plaintiff was harmed; and (4) that defendant’s negligence was a substantial factor in causing plaintiff's harm. (CACI no. 1000.) For the same reasons explained, above, CDS has met its prima facie burden.

  • Hearing

    Jul 10, 2020

KELSEA SAKAMOTO VS GLENOAKS TOWNHOMES LLC, ET AL.

JH Real Estate Partners, Inc. (2003) 111 Cal.App.4th 394, in which the court of appeal affirmed the trial court’s order denying a motion for an order compelling arbitration brought by landlords with respect to an action brought against the landlords by residential tenants alleging claims including negligence, intentional tort, and premises liability.

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LIWEN HSU TOGI VS CITY OF SOUTH PASADENA

The complaint, filed October 18, 2017, alleges a single cause of action for negligence/premises liability. On August 22, 2018, Defendant City of South Pasadena (“City”) filed a cross-complaint against Cross-Defendant West Coast Arborists, Inc. (“WCA”), alleging causes of action for: (1) indemnification; (2) apportionment of fault; (3) declaratory relief; and (4) breach of contract.

  • Hearing

    Jul 10, 2020

  • County

    Los Angeles County, CA

MARITZA FRANCO VS MCDONALD'S RESTAURANTS OF CALIFORNIA

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.) Those who own, possess, or control property generally have a duty to exercise ordinary care in managing the property to avoid exposing others to an unreasonable risk of harm. (Annocki v. Peterson Enterprises, LLC (2014) 232 Cal.App.4th 32, 37.) The existence and scope of duty are legal questions for the court.

  • Hearing

    Jul 10, 2020

BONNIE ALISSA HUNNICUTT ET AL VS VASA PARK ASSOC INC ET AL

The complaint alleges negligence and premises liability for a failure to properly secure Plaintiff Bonnie Alissa Hunnicutt before her ascent up a rock climbing wall, which caused injuries on October 1, 2016. On February 18, 2020, Petitioner Dwayne Hunnicutt (“Petitioner”) filed petitions to approve compromises of pending actions for Claimants Bonnie Alissa Hunnicutt, Calleigh Hunnicutt, Gwendolyn Hunnicutt (“Claimants”).

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARIA ALCARAZ ET AL VS CHATEAU W660 LP ET AL

Premises Liability Chateau argues that it cannot be held liable under Plaintiffs’ premises liability claim because Chateau had no control or access to the apartment, as Chateau was prohibited from entering under the covenant of quit enjoyment, and because Chateau had no notice of any issues concerning the stove and oven. “The elements of a cause of action for premises liability are the same as those for negligence: duty, breach, causation, and damages.” McIntyre v.

  • Hearing

    Jul 10, 2020

ROVERE V. PENINSULA CORRIDOR JOINT POWERS BOARD DBA CALTRAIN

Airways claiming the airline caused the employee’s injury and seeking to recover what it paid in benefits, and the employee intervened, alleging claims for negligence and premises liability. (Id. at pp.594-595.) U.S.

  • Hearing

    Jul 09, 2020

FLORA MALKHASYAN VS RITE AID CORPORATION

DISCUSSION 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.) Those who own, possess, or control property generally have a duty to exercise ordinary care in managing the property to avoid exposing others to an unreasonable risk of harm. (Annocki v. Peterson Enterprises, LLC (2014) 232 Cal.App.4th 32, 37.)

  • Hearing

    Jul 09, 2020

LYNNE BAKER VS THE VONS COMPANIES INC

July 9, 2020 Background Facts Plaintiff, Lynne Baker (“Baker”), filed this action against Defendants the Vons Companies, Inc. and Does 1 through 50 on 1/25/18, alleging causes of action for negligence and premises liability. On 1/22/19, Baker filed an Amendment to Complaint naming Maura Doyle (“Doyle”) as Doe 1. On 2/11/19, Baker filed a proof of service of the summons, complaint, statement of damages, and related papers on Doyle via substituted service.

  • Hearing

    Jul 09, 2020

ABDELLATIF JOUIBLI, ET AL. VS DIANA CAMACHO

procedural history Bojorquez filed the Complaint on December 27, 2018, alleging two causes of action: Premises liability Negligence On March 22, 2019, Costco filed an Answer. On January 23, 2020, Costco filed the instant Motion to Disqualify. On February 3, 2020, Bojorquez filed an Opposition. No Reply has been filed.

  • Hearing

    Jul 09, 2020

ABEL MONTES ET AL VS YOUNG MEN'S CHRISTIAN ASSN OF GLENDALE

The existence of a duty of care is an “essential element “of causes of action for negligence and premises liability. (Barnes v. Black (1999) 71 Cal.App.4th 1473, 1478.) The failure to fulfill a legal duty is negligence, and the existence of a duty is an issue of law for the court to determine. (Barnes, supra, 71 Cal.App.4th at p. 1478.)

  • Hearing

    Jul 09, 2020

PAUL RICHARD V. LADERA PLAZA, ET AL.

Plaintiff’s complaint alleges one cause of action for general negligence, and one for premises liability. Plaintiff alleges that GMC owed Plaintiff a duty of care to maintain and/or operate the subject premises in safe manner and to ensure that persons upon said premises are safe from any condition that may be dangerous. (Complaint, p. 4.)

  • Hearing

    Jul 09, 2020

NORMA CALDWELL VS NORWALK COMMUNITY HOSPITAL, LP, ET AL.

The FAC asserts the following causes of action: (1) Wrongful Death; (2) Medical Negligence; (3) Premises Liability; (4) Survival; (5) Elder Abuse; and (6) Breach of Fiduciary Duty. Defendant ALTA LOS ANGELES HOSPITALS, INC. (“Alta”) generally and specially demurs to Plaintiff’s fourth and sixth causes of action pursuant to CCP §430.10(e) and (f). Uncertainty Alta argues that the fourth and sixth causes of action are fatally uncertain.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

HARRY SLOAN V. PEOPLES’ SELF-HELP HOUSING CORP., THE DUNCAN GROUP CORP.

The elements of a cause of action for premises liability are the same as those for negligence: duty, breach, causation, and damages. (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1205; see also, Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619 (“[p]remises liability is a form of negligence based on the holding in Rowland v.

  • Hearing

    Jul 09, 2020

JOHNSON V. FACILITRON CORPORATION, ET AL.

Furthermore, as to the counts within the premises liability cause of action of willful failure to warn and dangerous condition of property, it is clear from the Plaintiffs’ allegations that the causes of their injuries are the acts of other participants and/or spectators, not conditions of the property. The court therefore sustains FACILITRON’s demurrer to the willful failure to warn and dangerous condition of property counts, and grants its motion to strike the punitive damage allegations.

  • Hearing

    Jul 09, 2020

ELIZABETH BOJORQUEZ VS COSTCO WHOLESALE CORPORATION

procedural history Bojorquez filed the Complaint on December 27, 2018, alleging two causes of action: Premises liability Negligence On March 22, 2019, Costco filed an Answer. On January 23, 2020, Costco filed the instant Motion to Disqualify. On February 3, 2020, Bojorquez filed an Opposition. On February 7, 2020, Costco filed a Reply.

  • Hearing

    Jul 08, 2020

HAROLD FIGUEROA ET AL VS AT&T CORPORATION ET AL

The FAC asserts causes of action for (1) strict product liability – failure to warn, (2) negligence – product liability, (3) negligent entrustment, (4) negligent hiring and retention, (5) premises liability, (6) negligent provision of required safeguards, (7) negligence – peculiar risk of harm, (8) wrongful death, and (9) negligent infliction of emotional distress. The FAC alleges in pertinent part as follows. All Access and JLG manufacture and supply telescopic boom lifts.

  • Hearing

    Jul 08, 2020

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