Start Inc vs National Fire & Marine Insurance Company et al

No. 46.) "Though Fournier knew that Target's contract with Mitsubishi required Mitsubishi to prepare an incident report identifying the cause of the incident and subsequent repairs addressing that cause, Fournier never reviewed let alone requested such an incident report to be prepared following the June 2021 incident." (PUMF No. 47.)

"On November 15, 2021, Dr. Moore notified the Santa Barbara City Inspector's Office regarding his son's injury. Given the fact that a child had been reported injured, Santa Barbara City Inspector Blackwell was given an " 'emergency assignment' " and was immediately dispatched to the Target location to investigate the complaint. When he arrived at the Target that same day, Blackwell visually inspected the escalators and noted the lower portion of the down escalator was " 'out of adjustment, so that it would allow either a pet or small child to put an extremity in there somehow.' " (PUMF No. 54.)

"Blackwell immediately spoke to the store manager, shut the power off to the escalator, and then barricaded the escalators so they could no longer be used. The Target store manager did not provide any explanation to Blackwell as to why the escalators were still running after such an incident." (PUMF No. 56.)

"On November 16, 2025, Phelan inspects the escalator again following Target's work order request. In Mitsubishi's internal records, Phelan wrote: " 'I did inspections on both escalators today and they are cleared to run by me and the state of California.' " (PUMF No. 58, emphasis omitted.)

"Again, there is no evidence that either Target or Mitsubishi reported this entity to any state agency, let alone had any state agency present on this date." (PUMF No. 59, emphasis omitted.)

These PUMFs, and others, create conflicting inferences that must be resolved in favor of the party opposing summary adjudication. While the court renders no opinion regarding their ability to eventually prove their arguments, by clear and convincing evidence at trial, plaintiffs have submitted evidence that would tend to show managing agents, of both Mitsubishi and Target, engaged in actions, or lack of actions, that a reasonable trier of fact could conclude constitutes conscious disregard for the safety of others. The motion for summary adjudication of punitive damages will be denied.

Tentative Ruling: Start Inc vs National Fire & Marine Insurance Company et al Tentative Ruling: Start Inc vs National Fire & Marine Insurance Company et al Case Number

Case Type Civil Law & Motion Hearing Date / Time Fri, 06/26/2026 - 10:00 Nature of Proceedings Pro Hac Vice Tentative Ruling