Tentative Ruling on Motion for New Trial
Harrington v. Library Plaza Poway LLC, Case No. 2014-29803
Trial: Sept. 19-28, 2016, Dept. 72
Judgment: Nov. 1, 2016
Notice of Intention: Nov. 15, 2016
Motion filed: Nov. 23, 2016
Motion hearing: Dec. 23, 2016, 9:00 a.m., Dept. 72
1. Overview and Procedural Posture.
This is a premises liability/trip and fall case involving allegations of inadequate lighting and unsafe stairs at a shopping center in Poway. The complaint was filed in September of 2014 and the case was assigned to Judge Pressman. ROA 5. In October of that year, defendant Library Plaza Poway LLC ("Library Plaza") demurred to the complaint and filed a motion to strike the punitive damage allegations. ROA 12. On January 22, 2015, Judge Pressman ruled:
"Defendant LIBRARY PLAZA POWAY, LLC'S special demurrer to the first cause of action within the Complaint is OVERRULED. This cause of action is not fatally ambiguous or unintelligible. C.C.P. § 430.10(f).
"Defendant LIBRARY PLA
Hearing Date
December 15, 2016
Category
Civil - Unlimited
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Tentative Ruling on Motion for New Trial
Harrington v. Library Plaza Poway LLC, Case No. 2014-29803
Trial: Sept. 19-28, 2016, Dept. 72
Judgment: Nov. 1, 2016
Notice of Intention: Nov. 15, 2016
Motion filed: Nov. 23, 2016
Motion hearing: Dec. 23, 2016, 9:00 a.m., Dept. 72
1. Overview and Procedural Posture.
This is a premises liability/trip and fall case involving allegations of inadequate lighting and unsafe stairs at a shopping center in Poway. The complaint was filed in September of 2014 and the case was assigned to Judge Pressman. ROA 5. In October of that year, defendant Library Plaza Poway LLC ("Library Plaza") demurred to the complaint and filed a motion to strike the punitive damage allegations. ROA 12. On January 22, 2015, Judge Pressman ruled:
"Defendant LIBRARY PLAZA POWAY, LLC'S special demurrer to the first cause of action within the Complaint is OVERRULED. This cause of action is not fatally ambiguous or unintelligible. C.C.P. § 430.10(f).
"Defendant LIBRARY PLA