The court considered the moving papers.


On June 7, 2018, plaintiff Marcia Loeb filed a complaint against defendant Doreeta Ganjian for general negligence. Plaintiff alleges that on March 28, 2018, while standing at the greeting card section, plaintiff was suddenly and without warning, struck by a shopping cart that defendant was pushing down the aisle. The shopping cart struck plaintiff on the left side, causing her to fall down and break her hip.

On July 9, 2018, she filed a First Amended Complaint, adding Bed Bath & Beyond Inc. as a defendant. Plaintiff alleges that Bed Bath & Beyond refused defendant’s request to hold a vacuum cleaner at the front register, and that a sales associate placed the vacuum cleaner inside the shopping cart that defendant was using, which obstructed defendant’s view.

Trial is set for December 9, 2019.

Legal Standard

CCP § 36 states, in relevan........