Rosalina Avitia v. Home Depot USA Inc.
Published: Sep. 17, 2021 | Result Date: Aug. 27, 2021 | Filing Date: May 12, 2020 |Case number: 20STCV18007 Bench Decision – Dismissal
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Hussein H. Saleh
(The Dominguez Firm)
Defendant
Tracy Lyn Hughes
(Koeller, Nebeker, Carlson & Haluck LLP)
Facts
Rosalina Avita filed an action against Home Depot USA for damages relating to her slip and fall that occurred on defendants' property. Defendant moved to dismiss plaintiff's complaint and moved for sanctions in the amount of $10,210.95.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant caused her damages when she slipped and fell on defendants' property.
DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions. Defendant noted that the court admitted defendant's request for admissions, set one, where plaintiff admitted defendant did not cause the incident, was not negligent, and that plaintiff did not have any evidence that defendant knew of the alleged dangerous condition. Defendant contended that plaintiff filed the action with an improper purpose or was indisputably without merit.
Result
Defendant's motion for sanctions and motion to dismiss were granted. Plaintiff's complaint against defendant was dismissed with prejudice.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390