Judge: Jill Feeney, Case: 21STCV09036, Date: 2023-04-21 Tentative Ruling

Case Number: 21STCV09036    Hearing Date: April 21, 2023    Dept: 30

Department 30, Spring Street Courthouse

April 21, 2023

21STCV09036

DEFENDANT MOTION FOR SUMMARY JUDGMENT

Decision:  Motion for Summary Judgment granted.

Defendant meets his burden of showing that he had no right to control the common area where plaintiff fell and did not make any changes to the area that constituted control; thereby creating no duty to Plaintiff.  Defendant meets its burden of showing no triable issues of material fact exist.  Once burden shifted to Plaintiff, Plaintiff failed to show that any triable issue of fact exists.

The moving party is ordered to serve and electronically filed a proposed form of Judgment within 15-court days.

Moving party to give notice of the Court’s order within 5 court days of this order.