Motion by Defendant, The Cheesecake Factory Restaurants, Inc., for Reconsideration of the Court’s Order Denying Defendant’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication is DENIED. Defendant has not shown new or different facts to warrant reconsideration of the Court’s ruling of 2/24/20 denying the motion.
Defendant has not presented new or different facts that would warrant reconsideration under section 1008, subd. (a) of the Code of Civil Procedure. Even if the Court were to rely on the newly submitted color photographs, the Court’s ruling would not change. At the time of the original ruling, the Court had the colored version of Exhibit E to Plaintiff’s deposition (Exhibit 6 to the Clancy declaration), which depicts extremely dim lighting. Ricardo Tapia states in paragraph 6 of his declaration: “I reviewed the photograph of the step at issue that was marked as Exhibit E to plaintiff’s deposition and attached to the Clancey declaration as Exhibit 6. The pho
Hearing Date
September 23, 2020
Type
Premises Liability (e.g.slip & fall) (General Jurisdiction)
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Motion by Defendant, The Cheesecake Factory Restaurants, Inc., for Reconsideration of the Court’s Order Denying Defendant’s Motion for Summary Judgment, or in the Alternative, Summary Adjudication is DENIED. Defendant has not shown new or different facts to warrant reconsideration of the Court’s ruling of 2/24/20 denying the motion.
Defendant has not presented new or different facts that would warrant reconsideration under section 1008, subd. (a) of the Code of Civil Procedure. Even if the Court were to rely on the newly submitted color photographs, the Court’s ruling would not change. At the time of the original ruling, the Court had the colored version of Exhibit E to Plaintiff’s deposition (Exhibit 6 to the Clancy declaration), which depicts extremely dim lighting. Ricardo Tapia states in paragraph 6 of his declaration: “I reviewed the photograph of the step at issue that was marked as Exhibit E to plaintiff’s deposition and attached to the Clancey declaration as Exhibit 6. The pho