ralph morales, Plaintiff, v. philippe the original, Defendants.

Case No.: 19STCV24682

order RE: MOTION FOR SUMMARY JUDGMENT

This action was filed by the Estate of Ralph Morales by and through his successor in interest, Rose Marie Morales (“Plaintiff”). Plaintiff alleges that Ralph Morales, who was 91 years old, fell off a stool and died at Defendant Philippe the Original (“Defendant”). Morales allegedly fell on or about April 7, 2017, and allegedly died on August 23, 2017. Plaintiff asserted a cause of action for premises liability and a survival claim in the original complaint. Now, Defendant moves for summary adjudication, arguing that those claims are barred by the applicable statute of limitations. Defendant also argues that Rose Marie Morales cannot assert a wrongful death. In response, Plaintiff seeks to amend the complaint to add Rose Marie Morales in her individual capacity.

The motion for summary adjudication is set for hearing on August 11, 2020, a date the Court is dark