Lozzi v. Pro Tour Memorabilia CA2/1

Filed 4/30/14 Lozzi v. Pro Tour Memorabilia CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

JULIO MORALES LOZZI, B247382

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. PC051069) v.

PRO TOUR MEMORABILIA, LLC,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Stephen P. Pfahler, Judge. Affirmed. McNicholas & McNicholas, Matthew S. McNicholas, Juan C. Victoria; Law Offices of Nicholas A. Siciliano, Nicholas A. Siciliano; Esner, Chang & Boyer, Stuart B. Esner and Holly N. Boyer for Plaintiff and Appellant. LeClairRyan, Christiane E. Cargill-Kinney and Brian S. Inamine for Defendant and Respondent. __________

Plaintiff Julio Morales Lozzi appeals from the summary judgment entered in favor of defendant Pro Tour Memorabilia, LLC (Pro Tour) on Lozzi’s complaint for negligence. We affirm. BACKGROUND Pro Tour manufactures and distributes wall décor for various retailers and hotels. At the time of Lozzi’s injury, Pro Tour was operating its business at a leased premises on San Fernando Road in Los Angeles. At that time, Lozzi was working as an independent contractor for a trucking company. On June 4, 2010, Lozzi drove his tractor-trailer to Pro Tour to pick up a load. He parked across the street from Pro Tour, facing southbound in an area where the curb was painted red. Lozzi exited his truck, walked across the street, and entered Pro Tour, where he was told that his load was not ready and he would have to wait. After asking permission, he ate his lunch in the Pro Tour lunch room and then returned to his truck to wait. Lozzi states that he waited for 15 to 20 minutes before getting out and again crossing the street to Pro Tour. According to Lozzi, the Pro Tour employee in charge of the shipping department said that he was quickly going to load two or three more pallets into another truck and would then be ready to load Lozzi’s truck. Lozzi again returned to his truck to wait. After waiting for another 15 to 20 minutes, Lozzi got out again to see if Pro Tour was ready to load his truck. After exiting his truck, he was struck by a vehicle heading southbound on San Fernando Road, driven by defendant Myrna Berger. Berger was not affiliated with Pro Tour in any way, and San Fernando Road is a public street owned and operated by the City of Los Angeles (City). Lozzi filed suit against Berger, the alleged owner of the car she was driving, the City, and 100 Doe defendants, alleging four causes of action. He later amended his