Judge: Robert P. Dahlquist, Case: 37-2023-00000435-CU-PO-NC, Date: 2024-03-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - March 25, 2024

03/26/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  PI/PD/WD - Other Summary Judgment / Summary Adjudication (Civil) 37-2023-00000435-CU-PO-NC DUNN VS. VELASQUEZ [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 01/05/2024

Defendant Fairfield Mission Gorge, LP's unopposed motion for summary judgment (ROA # 51) is granted.

Plaintiff's complaint asserts a cause of action for negligence against the moving defendant arising out of injuries sustained by plaintiff and her dog as a result of a dog attack.

Defendant moves for summary judgment on the basis that former owners of property do not owe a duty.

See Stone v. Heyman Bros. (1932) 124 Cal.App. 46, 48 ['After the owner of such premises has disposed of them he is no longer liable for what may happen thereon for the reason that he is in no position to control the use thereof.'].

Defendant has presented admissible evidence indicating that it sold the apartment complex to Gravity Apartments on December 9, 2021 (SSUMF (ROA # 52), Nos. 44-46), and this incident took place on October 20, 2022 (SSUMF, No. 2).

Plaintiff has filed a notice of non-opposition. (ROA # 55). In light of plaintiff's non-opposition, the motion is granted.

The court invites defendant Fairfield to submit a proposed judgment.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, March 22, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of March 22, 2024. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

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