The court considered the moving, opposition, and reply papers.
Background
On June 1, 2017, plaintiff Ray Garibay filed a complaint against defendant Denny’s aka Denco Enterprises, Inc. and RCS Inc. for premises liability and negligence based on a trip and fall on October 7, 2016.
On October 13, 2017, New Caney, Inc. dba Denny’s filed a cross-complaint against Roes 1 to 20 for implied indemnity, comparative contribution, and declaratory relief.
On April 23, 2018, plaintiff filed amendments designating RCS Construction as Doe 1, Larry J. Rodarte as Doe 2, Kristta L. George as Doe 3, Restaurant Construction Specialty, Inc. as Doe 4, Ruben Burrola as Doe 5, and MGB Construction, Inc. as Doe 6.
On June 1, 2018, the persons named in Does 1 to 4 filed a cross-complaint against M.G.B. Construction, Inc.
Legal Standard
The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whe
Hearing Date
November 09, 2018
Type
Premises Liablty (e.g. slip & fall (General Jurisdiction)
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The court considered the moving, opposition, and reply papers.
Background
On June 1, 2017, plaintiff Ray Garibay filed a complaint against defendant Denny’s aka Denco Enterprises, Inc. and RCS Inc. for premises liability and negligence based on a trip and fall on October 7, 2016.
On October 13, 2017, New Caney, Inc. dba Denny’s filed a cross-complaint against Roes 1 to 20 for implied indemnity, comparative contribution, and declaratory relief.
On April 23, 2018, plaintiff filed amendments designating RCS Construction as Doe 1, Larry J. Rodarte as Doe 2, Kristta L. George as Doe 3, Restaurant Construction Specialty, Inc. as Doe 4, Ruben Burrola as Doe 5, and MGB Construction, Inc. as Doe 6.
On June 1, 2018, the persons named in Does 1 to 4 filed a cross-complaint against M.G.B. Construction, Inc.
Legal Standard
The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whe