Partner Alex Giannetto and Senior Associate Christina Matian of BWB&O’s San Diego office started a long cause trial in Beverly Hills set to last at least four weeks. Plaintiff alleged premises liability against BWB&O’s client arguing the property manager did not give proper notice about construction that allegedly injured the Plaintiff. Instead of waiting for Plaintiff to proceed for weeks with her case in chief and seek relief after she rested, BWB&O sought a motion for non-suit after Plaintiff’s Opening Statement. BWB&O argued Plaintiff’s Opening showed no evidence could or would be presented at trial to sustain liability, and that the claim was inherently based on Reptile Theory warranting a decision before any evidence was heard by the jury.
Even after indulging all presumptions and inferences, and construing all doubtful questions most favorably to Plaintiffs’ case, the Court took the oral motion under submission which prompted an immediate confidential settlement for BWB&O’s client as well as the Owner of the premises. Please join us in congratulating Alex and Christina on a tremendous result!