LOS ANGELES SUPERIOR COURT GRANTS OLG’S MOTION FOR SUMMARY JUDGMENT IN PREMISES LIABILITY CASE BASED TRIVIAL DEFECT DEFENSE

Los Angeles Superior Court grants OLG’s Motion for Summary Judgment in a premises liability case on the grounds that any defect was trivial and that OLG’s client had no notice of any dangerous condition.

OLG’s client, who is a real estate developer and philanthropist, was sued by a family member for a trip and fall at the client’s premises during a charity fundraiser event that he hosted at his residence. Plaintiff, who admitted that she had visited the property on countless prior occasions and was familiar with the driveway’s cobblestone-like composition, claimed that her shoe got stuck between crevasses in the driveway’s stamped cobblestones. OLG moved for summary judgment on the grounds that the driveway’s cobblestone-like design did not constitute a dangerous condition and that, despite numerous prior large events at the property over several decades, there were no known complaints about its condition and no known falls. The Court agreed with OLG. In fact, in its order granting summary judgment, the Court found based on photographic evidence that “the driveway appears to be in excellent condition.”

Sherri Matta drafted the motion for summary judgment and reply and successfully argued the summary judgment before the trial court.