(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) In Defendant next states that “Plaintiff has visited Universal Mall on multiple occasions.” Query: Without proving that Plaintiff had traversed over…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) Defendant states that “Mrs. Brown was concentrating on getting to her car and looking straight ahead.” Plaintiff does not dispute this…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) GENUINE TRIABLE ISSUES OF FACT EXIST SUFFICIENT TO JUSTIFY THE COURT’S DENIAL OF DEFENDANT UNIVERSAL MALL’S MOTION FOR SUMMARY JUDGMENT In…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) In the instant case, Plaintiff’s theory of the liability of Defendant Universal Mall is neither based upon or determined by the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) In the instant case, we are not presented with a “mere crack” in the pavement; rather, we are dealing with a…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) In its brief, Defendant cites the case of Kasparian v. Avalonbay Communities. Inc. (2007) 156 Cal.App. 4th 11, 66 Cal.Rptr. 3d…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) Universal Mall argues that its summary judgment motion should be granted because Plaintiff cannot prove that it owed a duty of…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) When Plaintiff Judy Brown exited Macy’s store, she was walking at a normal pace, and was looking straight ahead towards the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) Plaintiff Judy Brown’s Memorandum of Points and Authorities in Opposition to Defendant Universal Mall’s Motion for Summary Judgment STATEMENT OF FACTS…