Associate David Mendoza drafted and successfully argued a Motion for Summary Judgment

Associate David Mendoza drafted and successfully argued a Motion for Summary Judgment in favor of a homeowner in a premises liability case in Los Angeles County Superior Court. The plaintiff alleged she slipped and fell on a set of stairs. Plaintiff alleged in her complaint and discovery responses that the stairs were dangerous because they lacked a handrail, violated ADA requirements, Health & Safety Codes, Building Codes, and Ordinances. The Motion was based on lack of notice of a dangerous condition. In opposition, the plaintiff attempted to change her theory of recovery by serving amended discovery responses with her opposition. The Court disregarded the plaintiff’s unpled theory of recovery, sustained 18 defense objections to the plaintiff’s evidence, and entered summary judgment. An appeal is pending.