However, Plaintiff was asked whether she “[saw] any liquid or debris on the floor in the area where accident [sic] happened.” (Deposition of Jan Cleverdon at 38:5-16.). Defendant did not specify any particular evidence (e.g., deposition testimony, exhibits) to which it objected. A moving defendant need not conclusively negate an element of plaintiff’s cause of action. [3] “There must be some evidence . (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1205.) “If the plaintiff cannot do so, summary judgment should be granted.” (Avivi v. Centro Medico Urgente Medical Center (2008) 159 Cal.App.4th 463, 467.). The Highland View Cemetery is in Section 10 of Big Rapids Township, on Bellevue Street, Big Rapids. (Gaggero v. Yura (2003) 108 Cal.App.4th 884, 891.) The plaintiff may not merely rely on allegations or denials of its pleadings to show that a triable issue of material fact exists, but instead, “shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action.” (Ibid.) “The owner of premises is under a duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm. As framed by the pleadings, Plaintiff alleges she slipped on the wet floor or oily residue on the floor. (Louie v. Hagstrom’s Food Stores (1947) 81 Cal.App.2d 601, 606.) Save my name, email, and website in this browser for the next time I comment. Right now, Barbara Cleverdon lives in Kansas City, KS. The official court file should be reviewed to determine what happened with a tentative ruling or if later rulings or events impacted the ruling. ), “[T]he initial burden is always on the moving party to make a prima facia showing that there are no triable issues of material fact.” (Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1519.) Sometimes Barbara goes by various nickname including Barbara G Cleverdon. Proc., § 437c, subd. 1206.)
2, LLC v. F&R REAL ESTATE, INC, GREGORY R. DUNLAP v. HEATHER J. C. STANLEY, ALAN DOUGLAS v. NANCY ZIMMERMAN modification, TWANDA BAILEY v. SAN FRANCISCO DISTRICT ATTORNEY’S OFFICE, TRISTRAM BUCKLEY v. NBC UNIVERSAL, INC, ANTOINETTE HARDSTONE v. LONG & LEVIT, LLP, Contra Costa Superior Court Tentative Rulings, Criminal Court News – Sacramento Public Records, Merced County Superior Court Tentative Ruling, Nevada County Superior Court Tentative Ruling, Sacramento Superior Court Civil Case Docket, Sacramento Superior Court Tentative Rulings, San Francisco Superior Court Tentative Ruling, San Luis Obispo Superior Court Tentative Ruling, San Mateo Superior Court Tentative Ruling, Santa Barbara Superior Court Tentative Ruling, Santa Clara Superior Court Tentative Ruling.
Defendant does not address Plaintiff’s allegations that Defendant had actual notice because its employee created the dangerous condition when cleaning and mopping the store floor. He was survived by his wife Janet, his sons Nicholas and James and his brothers.[3]. “A store owner exercises ordinary care by making reasonable inspections of the portions of the premises open to customers, and the care required is commensurate with the risks involved.” (Ibid. Los Angeles Superior Court Tentative Rulings, ALEXANDER SVIRIDOV VS OLEKSANDR NAZARCHUK, REZA FATEH MANESH v. GEOFFREY G. MELKONIAN, LAND VALUE HOLDINGS, LLC v. PEGGY MILLER, CRAYA C. CARON v. CALIFORNIA STATE BOARD OF PHARMACY, HARVEY BARRY JACOBS v. CHRISTOPHER SWALWELL, ANGIE MORIANA v. VIKING RIVER CRUISES, INC, CHEVELLE RICHARDSON v. STEPHEN HSING HWANG, SAN FRANCISCO DEPUTY SHERIFFS’ ASSOCIATION v. CITY AND COUNTY OF SAN FRANCISCO, SAMUEL FITZGERALD SMITH v. JASMINE KHUN, TRACIE SORRENTINI v. RAUL JULIA-LEVY, AMARPREET S. MULTANI v. ERNEST ANTHONY DeCUOLLO, CONTRERAS CURIEL CORP v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, PANCHO VILLA NO. [4], He had progressive supranuclear palsy (PSP) and died at home in Poole on 9 November 2012. Summary: Barbara Cleverdon is 77 years old today because Barbara's birthday is on 01/12/1943.
. [2][3] ), “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both, or that there is no merit to a claim for damages . Plaintiff responded that she “saw the grease marks.” Plaintiff did not definitively testify that she fell because of grease on the floor as opposed to a wet, recently-mopped floor. . The supporting evidence can be in the form of affidavits, declarations, admissions, depositions, answers to interrogatories, and matters of which judicial notice may be taken. (Aguilar, supra, 25 Cal.4th at p. (Code Civ. ), “Once the defendant . The plaintiff has the burden because “shifting the burden to defendant would, contrary to existing negligence law, permit an inference of negligence to be drawn against the owner based solely on the fact that the fall or accident occurred.” (Ortega, supra, 26 Cal.4th at p.