TENTATIVE RULING: The Motion of Defendant Paradise Custom Pools, Inc. for Summary Judgment of Plaintiff Robert Sussman's Complaint is GRANTED. (CCP section 437c)
The Court finds defendant sustained its burden on summary judgment to demonstrate plaintiff cannot establish the essential elements of his cause of action for negligence. (Separate Statement of Material Facts, Fact Nos. 1-21)
The Court finds plaintiff failed to sustain his burden on summary judgment to create triable issues of material fact as to the elements of his claim. (Separate Statement of Material Facts, Fact Nos. 6, 7, 8, 9, 10, 13, 14) Moreover, plaintiff concedes he has no knowledge of the substance that caused his eyes to burn (Fact No. 17) Plaintiff concedes he has no knowledge of what toxic substance was on his garden hose. (Fact No. 18) Plaintiff concedes he cannot identify any representative of defendant that caused any hazardous chemicals to be left on the garden hose. (Fact No. 19) Finally, the parties have
Hearing Date
January 19, 2017
Category
Civil - Unlimited
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TENTATIVE RULING: The Motion of Defendant Paradise Custom Pools, Inc. for Summary Judgment of Plaintiff Robert Sussman's Complaint is GRANTED. (CCP section 437c)
The Court finds defendant sustained its burden on summary judgment to demonstrate plaintiff cannot establish the essential elements of his cause of action for negligence. (Separate Statement of Material Facts, Fact Nos. 1-21)
The Court finds plaintiff failed to sustain his burden on summary judgment to create triable issues of material fact as to the elements of his claim. (Separate Statement of Material Facts, Fact Nos. 6, 7, 8, 9, 10, 13, 14) Moreover, plaintiff concedes he has no knowledge of the substance that caused his eyes to burn (Fact No. 17) Plaintiff concedes he has no knowledge of what toxic substance was on his garden hose. (Fact No. 18) Plaintiff concedes he cannot identify any representative of defendant that caused any hazardous chemicals to be left on the garden hose. (Fact No. 19) Finally, the parties have