Defendant PETSMART INC. moves for summary judgment/adjudication as to both the first and second causes of action for general negligence and premises liability in the Original Complaint filed on 3/10/17 by Plaintiff JUAN ALVAREZ.
Motion for Summary Judgment
The motion for summary judgment is summarily DENIED on the procedural ground that the second cause of action for premises liability contains three independent counts. Plaintiff’s motion only addresses counts 1 and 2, so that technically count 3 survives, so the second cause of action survives as a matter of law. While the court notes that the premise liability cause of action, Count 3, may not apply to Petsmart since it is not a public entity, technically Petsmart has not attacked count 3 by bringing a Demurrer or Motion for JOP, nor has it attacked count 3 in its motion for summary judgment/adjudication.
Motion for Summary Adjudication
Nonetheless the motions for summary adjudication are also DENIED for the reasons set forth below.
Hearing Date
January 04, 2018
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Defendant PETSMART INC. moves for summary judgment/adjudication as to both the first and second causes of action for general negligence and premises liability in the Original Complaint filed on 3/10/17 by Plaintiff JUAN ALVAREZ.
Motion for Summary Judgment
The motion for summary judgment is summarily DENIED on the procedural ground that the second cause of action for premises liability contains three independent counts. Plaintiff’s motion only addresses counts 1 and 2, so that technically count 3 survives, so the second cause of action survives as a matter of law. While the court notes that the premise liability cause of action, Count 3, may not apply to Petsmart since it is not a public entity, technically Petsmart has not attacked count 3 by bringing a Demurrer or Motion for JOP, nor has it attacked count 3 in its motion for summary judgment/adjudication.
Motion for Summary Adjudication
Nonetheless the motions for summary adjudication are also DENIED for the reasons set forth below.