Cho v. CKE Restaurants Holdings CA2/3

Filed 4/27/22 Cho v. CKE Restaurants Holdings CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

MIN SUN CHO, B310704

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC654003) v.

CKE RESTAURANTS HOLDINGS, INC.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mel Red Recana, Judge. Affirmed. Min Sun Cho in pro. per., for Plaintiff and Appellant. FordHarrison, John P. Schaedel and Jenny S. Choi for Defendant and Respondent.

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Plaintiff Min Sun Cho (Cho) appeals from a summary judgment in favor of defendant CKE Restaurants Holdings, Inc. d/b/a Carl’s Jr. Restaurant (CKE). We conclude Cho fails to demonstrate that the trial court erred in granting summary judgment, and thus we will affirm. BACKGROUND Cho filed the present action against CKE in March 2017 and filed the operative first amended complaint (complaint) in May 2019. The complaint alleged that in about August 2015, Cho moved into an apartment next door to a Carl’s Jr. Restaurant (restaurant). At CKE’s direction, trash was collected from the restaurant every morning between 4:00 and 6:00 a.m., disrupting Cho’s sleep and causing a deterioration of his physical and psychological health. Cho notified CKE of the problem, but it refused to have the restaurant’s trash collected at a different time. Cho alleged that these practices gave rise to causes of action for nuisance and intentional and negligent infliction of emotional distress. CKE moved for summary judgment. It asserted that it had contracted with Omega Waste Management (Omega) for trash pickup; Omega subcontracted with Haul-Away Rubbish Company (Haul-Away), whose trucks collected the restaurant’s trash daily. Through the declarations of its employees, CKE asserted that it had no involvement with the scheduling or dispatching of Haul- Away’s trash trucks; Cho was the only person who ever made a noise complaint concerning trash collection at the restaurant; and CKE acted reasonably to address the alleged problem once it received Cho’s complaint in late March 2016. CKE thus urged that it did not owe Cho a duty, it did not breach any duty, and