TENTATIVE RULING
Plaintiff Tess Trudgeon (“Plaintiff”) filed this action against defendant Margarita Adventures, LLC (“Defendant”) on September 14, 2017. Defendant runs a recreational zip line tour located in Santa Margarita, California. Plaintiff alleges that on February 22, 2016, she participated in Defendant’s zip line ride and Defendants’ guides sent another rider down the zip line while she was on it. Plaintiff alleges that the second rider collided with her at a high rate of speed, causing her significant injuries.
Defendant moved for summary judgment and on January 30, 2019, the Court denied the motion for summary judgment, ruling amongst other issues that a triable issue of material fact existed as to whether Defendant was grossly negligent.
Plaintiff filed a First Amended Complaint on July 8, 2019, and a Second Amended Complaint (“SAC”) on September 17, 2019.
Defendant now moves for summary adjudication pursuant to Code of Civil Procedure section 437c as to Plaintiff’s claim f
Hearing Date
October 06, 2020
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TENTATIVE RULING
Plaintiff Tess Trudgeon (“Plaintiff”) filed this action against defendant Margarita Adventures, LLC (“Defendant”) on September 14, 2017. Defendant runs a recreational zip line tour located in Santa Margarita, California. Plaintiff alleges that on February 22, 2016, she participated in Defendant’s zip line ride and Defendants’ guides sent another rider down the zip line while she was on it. Plaintiff alleges that the second rider collided with her at a high rate of speed, causing her significant injuries.
Defendant moved for summary judgment and on January 30, 2019, the Court denied the motion for summary judgment, ruling amongst other issues that a triable issue of material fact existed as to whether Defendant was grossly negligent.
Plaintiff filed a First Amended Complaint on July 8, 2019, and a Second Amended Complaint (“SAC”) on September 17, 2019.
Defendant now moves for summary adjudication pursuant to Code of Civil Procedure section 437c as to Plaintiff’s claim f