THE PEOPLE OF THE STATE OF CALIFORNIA VS HOUSE OF HOOKAH, LLC

#9, 33, 39.) Michelle further testified that Plaintiff said her knee popped and gave way and then fell. (UF #40.) The SPS Daily Behaviors (“SPS”) is a business document that outlines manager duties and inspections. (UF #42.) The SPS shows no cleaning or floor issues. (#43, emphasis added.) Plaintiff told the store manager, Gustavo Soriano (“Soriano”), that she tripped over her own leg and was in pain and crying. (UF #46.) Michelle told Soriano that there was something on the floor that caused Plaintiff to fall, even though Michelle did not see the fall and was not present at the time of Plaintiff’s fall. (UF #49.) Soriano personally inspected the area and there was nothing on the floor, it was clean, dry, and free of debris. (UF #50, emphasis added.)

Based on the foregoing, there is no evidence that Defendant knew or should have known about the existence of any substance on the floor. Thus, Defendant met its initial burden under Code of Civil Procedure section 437c, subdivision (b)(3). The burden shifts to Plaintiff.

Plaintiff’s opposition relies on the argument that Plaintiff fell on the carpet-tile transition. However, as previously discussed, the evidence does not support that Plaintiff was in the area where the carpet floor mat was. Thus, Plaintiff’s argument that Defendant created an alleged dangerous condition fails. Plaintiff thus fails to meet her burden of presenting a triable issue of material fact. (See Code Civ. Proc., § 437c, subd. (b)(3).)

2. CASE # CASE NAME HEARING NAME THE PEOPLE OF THE STATE OF CALIFORNIA MOTION TO SET ASIDE ON

VS HOUSE OF HOOKAH, COMPLAINT LLC Tentative Ruling: Hearing is continued to 6/23/26. The Court continued the hearing and ordered Defendants to file supplemental declaration addressing communications between Ruiz and his former attorney, Thomas Sardoni, within 14 days (by 06/05/2026). To date, Defendants fail to file any declarations.

Defendants are ordered to file, within 5 days, a supplemental declaration regarding the communications between Ruiz and Attorney Sardoni referenced in paragraphs 3 through 6 of Ruiz’ declaration in support of his motion to set aside the preliminary injunction.

Order to show cause is set for 6/23/26 re: sanctions as to Defendants’ failure to comply with the Court’s May 22, 2026 Order, which required Defendants to file their supplemental declaration by June 5, 2026.