Defendant’s (Golden Rain Foundation of Laguna Woods) unopposed Motion for Summary Judgment is GRANTED.
“A defendant . . .has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action . . . cannot be established. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action . . . .”
(Code Civ. Proc., § 437c, subd. (p)(2); Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 72.)
Premises liability is a form of negligence. (Brooks v. Eugene Burger Mgmt. Corp. (1989) 215 Cal.App.3d 1611, 1619.) Thus, the elements of a negligence claim—duty, breach, causation and damages—apply to premises liability. (Annocki v. Peterson Enterprises, LLC (2014) 232 Cal.App.4th 32, 37.) In premises liability cases, summary judgment properly may be granted where a defendant unequivocally establishes its lack of
Hearing Date
November 07, 2017
For full print and download access, please subscribe at https://www.trellis.law/.
Defendant’s (Golden Rain Foundation of Laguna Woods) unopposed Motion for Summary Judgment is GRANTED.
“A defendant . . .has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action . . . cannot be established. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action . . . .”
(Code Civ. Proc., § 437c, subd. (p)(2); Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 72.)
Premises liability is a form of negligence. (Brooks v. Eugene Burger Mgmt. Corp. (1989) 215 Cal.App.3d 1611, 1619.) Thus, the elements of a negligence claim—duty, breach, causation and damages—apply to premises liability. (Annocki v. Peterson Enterprises, LLC (2014) 232 Cal.App.4th 32, 37.) In premises liability cases, summary judgment properly may be granted where a defendant unequivocally establishes its lack of