MOTIONS FOR SUMMARY JUDGMENT (3)
(OR, in the Alternative, Summary Adjudication)
[CCP § 437c; CRC 3.1350 et seq.]
Date: 8/14/19
Case: Bardawill v. Dog Haus, LLC, et al. (BC 610597)
TENTATIVE RULING:
DEFENDANT DOG HAUS, LLC’S MOTIONS
Defendant Dog Hause, LLC’s Motions for Summary Judgment or in the Alternative Summary Adjudication Against Plaintiff Beatriz Bardawill are DENIED.
Premises Liability & General Negligence Claims
Defendant contends that Plaintiff cannot establish the existence of a dangerous condition, that Plaintiff cannot establish defendant had notice of any dangerous condition, and that Plaintiff cannot establish that the incident was foreseeable.
Plaintiff has raised triable issues of material fact with respect to whether the table constituted a dangerous condition that foreseeably caused the subject incident. Specifically, plaintiff’s expert, Brad Avrit, submits testimony explaining the dangerous condition arising from the configuration and design of the table
Hearing Date
August 14, 2019
Type
Other PI/PD/WD (General Jurisdiction)
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MOTIONS FOR SUMMARY JUDGMENT (3)
(OR, in the Alternative, Summary Adjudication)
[CCP § 437c; CRC 3.1350 et seq.]
Date: 8/14/19
Case: Bardawill v. Dog Haus, LLC, et al. (BC 610597)
TENTATIVE RULING:
DEFENDANT DOG HAUS, LLC’S MOTIONS
Defendant Dog Hause, LLC’s Motions for Summary Judgment or in the Alternative Summary Adjudication Against Plaintiff Beatriz Bardawill are DENIED.
Premises Liability & General Negligence Claims
Defendant contends that Plaintiff cannot establish the existence of a dangerous condition, that Plaintiff cannot establish defendant had notice of any dangerous condition, and that Plaintiff cannot establish that the incident was foreseeable.
Plaintiff has raised triable issues of material fact with respect to whether the table constituted a dangerous condition that foreseeably caused the subject incident. Specifically, plaintiff’s expert, Brad Avrit, submits testimony explaining the dangerous condition arising from the configuration and design of the table