Judge: Kristin S. Escalante , Case: 20STCV17372, Date: 2023-04-21 Tentative Ruling



DEPARTMENT 24 - LAW AND MOTION RULINGS
Submission Instructions.


1. Please notify the courtroom staff by email not later than 4:00 p.m. the day before the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SMCDEPT24@lacourt.org. Please do not use any other email address.  You must cc all other parties on the email.

2.  Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, case name and number, date of hearing and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions

3. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a motion placed off-calendar and parties are ordered to cancel the reservation on CRS. 

4. If all parties submit, the tentative ruling will become the final ruling after the hearing date. The moving party shall give notice of the final ruling.

5.Tentative rulings are not invitations or opportunities to file further documents relative to the hearing before the Court.  Said document(s) will not be considered by the Court.

                          




Case Number: 20STCV17372    Hearing Date: April 21, 2023    Dept: 24

Summary judgment motion by defendant ABM Industry Groups, LLC.

Summary judgment motion by defendant L.A. Arena Company, LLC

As to both matters, the tentative is as follows:

NO TENTATIVES.  Among other things, though, moving parties’ counsel should be prepared to discuss why the Mark Burns declaration alone does not set forth at least one material fact in dispute, including possibly: (1) the floor itself, even when dry, was too slippery and constituted an unsafe condition: (2) the design of the restroom was faulty, in that the paper towel dispenser was too far from the sink, causing water to drip from patrons’ hands in transit, creating an unsafe condition on the floor; and (3) the sweep sheets did not adequately indicate exactly what was done, and due to the slippery nature of the floor, warnings signs should have been in place.   Mr. Burns offers an expert opinion that “defendants operated below the standard of care with respect to restroom maintenance at the time of [plaintiff’s] fall. L.A. Arena because they own the tile and not ensuring it was properly maintained and ABM for poor and inadequate cleaning of the restroom.”