Joseph Smith v. Robert Jennison, Brigitte Jennison, Golden Auto Body & Pain, and Does 1 to 30, inclusive
Published: Dec. 24, 2016 | Result Date: Nov. 16, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC623885 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Jerold D. Sullivan
(Sullivan & Sullivan)
Defendant
Michelle Y. Dixon
(Law Office of Craig A. Holtz)
Jeffery D. Lim
(Raffalow Rhoads & Bretoi)
Facts
On Oct. 16, 2014, plaintiff was driving on S. Centinela Ave. in Los Angeles when a vehicle owned by defendant Brigitte Jennison and driven by defendant Robert Jennison collided with plaintiff's vehicle, as it turned left from the private driveway of Tala Inc. dba Golden Auto Body & Paint.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Tala Inc. failed to warn patrons of a dangerous condition on the premises, namely that making left turns out of its driveway was prohibited. Plaintiff asserted causes of action for general negligence.
DEFENDANT'S CONTENTIONS:
Tala contended that it has no duty to warn Jennison that left turns were not permitted because they were in fact permitted under the law.
Result
The court sustained Tala's demurrer with leave to amend.
Other Information
FILING DATE: June 15, 2016.
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