Brown v. 1027 Oliver Road Associates CA1/2

Filed 10/28/21 Brown v. 1027 Oliver Road Associates CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publi- cation or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or or- dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

ELOUISE BROWN, Plaintiff and Appellant, A152598 v. 1027 OLIVER ROAD ASSOCIATES, (Solano County Super. Ct. No. FCS045396) Defendant and Respondent.

This premises liability lawsuit arises from injuries appellant Elouise Brown sustained when she tripped on the handicapped ramp outside of a Chuck E. Cheese restaurant owned by respondent, 1027 Oliver Road Associates, dba Chuck E. Cheese’s 11274 Beebalm Circle, Braden, FL 34202 (Chuck E. Cheese’s). The trial court granted summary judgment against Brown, and she now appeals. Construing her notice of appeal as having been taken from the judgment entered after the summary judgment ruling, we affirm.1

Brown filed a notice of appeal from the trial court’s “judgment” 1

supposedly entered on July 25, 2017, after an order granting a summary judgment motion. No such judgment is in the record. The record contains an unsigned minute order entered on July 25, 2017, granting summary judgment for the defendant, which directs the plaintiff to prepare an order after the hearing, and a written “Order After Hearing on Motion for Summary Judgment” entered two months later on September 28, 2017, which

1

The appellate record is sparse. It contains only the trial court’s summary judgment ruling but not the complaint or the summary judgment motion itself, nor any of the papers and evidence filed in support of the motion. Moreover, according to the trial court’s ruling, “there was no opposition to the [summary judgment] [m]otion.” The court ruled as follows: “Plaintiff has not served or filed a separate statement disputing those material facts contended by Defendant to be undisputed, which alone justifies granting the motion. [Citation.] Moreover, Defendant has presented evidence sufficient to meet its burden of showing that one or more elements of Plaintiff’s premises liability claim cannot be established. [Citations.] A claim of premises liability has the same essential elements as a claim for general negligence: 1) a duty owed by the defendant to the plaintiff, 2) breach of that duty, and 3) the breach was a proximate or legal cause of the plaintiff’s injuries. [Citation.] The property owner has a duty to exercise ordinary care by making reasonable inspections of the property and eliminate defective and dangerous conditions for which the owner has actual or constructive notice. [Citation.] The owner must have notice of the dangerous condition in sufficient time to correct it. [Citations.] Plaintiff was injured by tripping on raised bumps on a yellow dome pad on the handicapped ramp outside the Chuck E. Cheese restaurant owned by Defendant. The yellow