Castellon v. U.S. Bancorp

Filed 10/23/13

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

YANIRA GARCIA RAMIREZ B245651 CASTELLON, (Los Angeles County Plaintiff and Appellant, Super. Ct. No. VC058752)

v.

U.S. BANCORP,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Margaret Miller Bernal, Judge. Affirmed.

Law Offices of Lee C. Arter, Lee C. Arter and Ronald Z. Gomez for Plaintiff and Appellant.

Klinedinst PC, G. Dale Britton, Kevin J. Gramling, and Anthony B. Daye for Defendant and Respondent.

Plaintiff and appellant Yanira Garcia Ramirez Castellon (plaintiff) appeals the summary judgment entered in favor of defendant and respondent U.S. Bancorp (defendant), as trustee of the Luis Villalobos Settlement Trust (the Trust), in this action for negligence and premises liability for injuries sustained when plaintiff slipped and fell outside a residence owned by the Trust. We affirm the judgment. BACKGROUND In May 2009, plaintiff rented a room in a detached garage located on Broadway in Huntington Park, California (the property). Maria Luisa Villalobos, also known as Maria Luisa Hernandez (Hernandez), and her family lived in a house located on the property. The property was owned by the Trust, and defendant was the trustee of the Trust. At approximately 10:00 p.m. on May 28, 2009, plaintiff was leaving the house through the kitchen door and fell on concrete steps located outside the kitchen door at the rear of the house. Plaintiff sued defendant in its personal capacity and as trustee of the Trust for negligence and premises liability, claiming the steps on which she fell constituted a dangerous condition. Defendant moved for summary judgment on the grounds that it was not personally liable for any of plaintiff‟s injuries because there was no evidence that defendant intentionally or negligently acted in a manner that establishes fault. Defendant further argued that plaintiff‟s causes of action for negligence or premises liability failed because she could not establish the elements of duty, breach of duty, and causation. Defendant‟s motion was supported a separate statement of undisputed material facts stating the sole basis for plaintiffs‟ claims against defendant was the absence of lighting at the stairs; plaintiff knew it was dark outside at the time of the accident; a properly functioning light was located outside the kitchen door at the top of the stairs; and plaintiff did not turn on the light because she could not find the light switch. Defendant‟s separate statement also pointed out that Hernandez‟s house had a front door through which plaintiff could have entered or exited. Defendant‟s separate statement was supported by plaintiff‟s deposition testimony and her discovery responses.