Judge: Joel R Wohlfeil, Case: 37-2022-00051952-CU-PO-CTL, Date: 2024-06-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 24, 2024

06/27/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Summary Judgment / Summary Adjudication (Civil) 37-2022-00051952-CU-PO-CTL HOLIDAY VS BURGER KING CORPORATION [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 04/10/2024

The unopposed Motion (ROA # 52, 59, 68) of Defendant BURGER KING COMPANY, LLC ('Defendant') for an Order for summary judgment in favor of BURGER KING COMPANY, LLC and against Plaintiff MYCHIGLEN HOLIDAY ('Plaintiff'), is GRANTED.

Defendant is named in the first and second causes of action for negligence and negligent supervision, and premises liability. The undisputed material facts establish Defendant did not control the premises such that it cannot be liable for the asserted claims. The alleged assailant cashier and the manager were employed by Defendant J.S. FOODS, an independent contractor. The undisputed material facts establish Defendant owed no duty to protect plaintiff from the alleged assailant cashier or manager.

This ruling completely disposes of this action as against Defendant, and it is entitled to a judgment in its favor.

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