Facts

Marilyn Lee filed a complaint against Alpha Beta Company (d.b.a. Ralphs Grocery) whom she erroneously sued as Ralphs Grocery Company. Lee slipped and fell in a substance that appeared to be water. She was entering the bathroom located in the Ralphs when this occurred. She was injured by the fall.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that even though defendant asserted that it performed deep cleanings twice daily, on the day of her injury, Ralph's employee indicated that she only spent two minutes on the first deep cleaning and three minutes on the second deep cleaning. Lee further noted that the evidence pointed to the employee not having followed the written policies and procedures provided by Ralphs. Also, it could be inferred that the employee either failed to remedy the situation she created and/or contributed to it by improperly cleaning the floor.

DEFENDANT'S CONTENTIONS: Defendant alleged that it had no actual or constructive notice of the restroom's condition: no employees entered the restroom at that time and no customers informed employees as to any potential issues. Most importantly, it was only 15 minutes from the time its employee cleaned the restroom to plaintiff's fall on the supposed wet condition. Also, the fact that plaintiff's discovery responses were sparse showed that her contentions lacked support.

Result

Defendant's motion for summary judgment was granted.