Congratulations to Woodland Hills Partner Eileen Gaisford and Associate Dustin Rabi on their Motion for Summary Judgment (“MSJ”) being granted in Los Angeles County Superior Court!
BWB&O’s client is a business entity and lessee of a commercial property. The Plaintiff, in this matter, filed suit against the client, alleging Negligence and Premises Liability. Notably, Plaintiff sustained a fall after miscalculating her footing while stepping onto a Co-Defendant’s property.
After conducting an in-depth analysis of the contract provisions and evidence, it was determined that the alleged condition was not owned or maintained by the client, there was no notice of the alleged condition, and finally, the alleged condition was inherently open and obvious. Accordingly, BWB&O’s MSJ was meticulously crafted to present these defenses to the Court. Plaintiff opposed the MSJ by citing various municipal codes and presenting the expert declaration of an engineer. However, with prudent attention to detail, BWB&O objected to the admissibility and relevance of the Plaintiff’s Expert Declaration and supporting evidence and reiterated the defenses presented.
Ultimately, the Court agreed, finding no triable issue of fact as to the defenses presented to the Court and granted Summary Judgment for BWB&O’s client!