Motion,Ex Parte: EASON -v- BLM VICTORVILLE et al Print

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         1   TH4MPS4N        GC LEGATE LLP
             3610 Fourteenth Street
        2    p o BoX zss
             Riverside California 92502
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        3    Tel   951 682 5550                                                           mR
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             GARY T MQNTG4MERY                  SBN 166817
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        S    gmontgomery@tclaw net                                                                           0
             LESLIE E MURAD II SBN 097221
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        6    lmurad a tclaw net

             DANIEL C FAUSTINO SBN 247553
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        7    dfaustinoCa tclaw   net



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             Attorneys for Defendants DOLLAR TREE STORES INC                SPICE DELTGI T                         INC
             and BLM VICTORVILLE      a California Limited                                                          DOE
                                                           Partnership     sued and served              as

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    1z                                  SUPERIOR COURT OF THE STATE OF CALIFORNIA

    1                                         FOR THE COUNTY OF SAN BERNARDINO

    14



    15       DEBORAH ANTIONETTE EASON                             CASE NO      CIVDS 1621424

    16                           Plaintiff                        JUDGE    Hon Thomas GarzalDept S2 7

    t7       v                                                    NUTICE 4F M4TI                   N AND MUTIC N
                                                                  FOR SUMMARY JUDGMENT OR IN
    t8       D 7LLAR TRBE STORES INC SPICE                        THE ALTERNATIVE M4TION FOR
             DELIGHT INC and DOES 1 TO 100 Inclusive              SUMMARY ADJUDICATION BY
    19                                                            DEFENDANT DOLLAR TREE STORES
                                 Defendants                       INC MEMORANDUM OF POINTS AND
    2o                                                            AUTHORITIES AND DECLARATIONS
                                                                  4F ALISHA B BORING AND LESLIE E
    21                                                            MURAD II IN SUPPORT THEREOF


    22                                                            Filed concurrently with Separate Statement
                                                                  of Undisputed Material Facts Request for
    23                                                            Judicial Notice Compendium of Evidence
                                                                  and Proposed Order
    24

                                                                  MSJ    earing       March 06 2019
    25                                                            Time                8 30
                                                                  Dept                S27
    26

                                                                  TRIAL DATE                   4 8 2Q 19
    27                                                            ACTI4N FILED                 12148l2016

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                                                              1
                                                 MOTIUN FOR SUMMARY JUDGMENT
    1             TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS QF RECORD

    2             PLEASE TAKE NQTICE that                   on   March 6 2019           at   8 30   am    or as soon thereafter as the


    3   matter may be heard in Department S27 of the above entitled Court lacated at 247 West Third
    4   Street    San Bernardino           California     92415 0210         Defendant DOLLAR TREE                    STORES     INC

    5    hereinafter       DOLLAR TREE                 will move the Court for an order entering sumrnary judgment or

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        in the alternative for summary adjudication in DOLLAR TREE s favor and against Plaintiff
    7   DEBORAH ANTIONETTE EASON                          hereinafter       Plaintiff


    8             This   rnotion    is   made pursuant      to Code    of    Civ Proc          437c      and an the grounds that the


    9   plaintiffs   claims   for   persanal     injuries   against   DOLLAR TREE STORES TNC                         are barred on the


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        following basis
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                  There was na duty owed to Plaintiff on the part of D4LLAR TREE at the time of the subject
12      incident because DC LLAR TREE did not and still does not awn operate                                       manage maintain or

13      control the subject premises where Plaintiff allegedly fell which occurred autside of the DOLLAR

14      TREE leased premises and retail establishment itself in the exteriar parking lot and or an the

15      carnmon area sidewalk lacated in front af the DOLLAR TREE store within the subject shapping

16      center plaza said      to   be located     at   14792 La Paz Drive              Victorville       CA 92395      See Plaintiff s


i       Complaint        First Cause     of   Action    page     4    GN 1     hole in the cancrete to the east af the main


18      entrance of DC LLAR TREE Plaintiff s respc nses to D4LLAR TREE s Special Interragatories Set

19      4ne      Respanses to Interrogatories Numbers 1               2 and 3 fell autside af the interior of the DOLLAR


2o      TREE premises         Plaintiffls Responses to DOLLAR TREE s Request for Production of Documents


21      Set One      phatographs and Incident Report attached as Exhibits                           A    and   B   to the response and

22      Plaintiff s respanses to D JLLAR TREE s Requests for Adrnissions                                Set One Numbers 1     2 3 and

a       9


24               This area of the fall is outside of the store premises leased by Dt LLAR TREE and D LLAR
25      TREE daes nat own            operate control manage or maintain this common area where Plaintiff s fa11

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        ailegedly occurred The material facts are established without substantial cantroversy and the
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        establishment of these facts canfirms that DOLLAIZ TREE awes no duty to Plaintiff and neither
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        caused nor cantributed to the plaintiffs injuries thereby entitling DOLLAR TREE to judgment as a
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                                                 MOT10N F4R SUMMARY JUDGMBNT