Nicoletti v. Kest

Filed 11/14/23 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

SUSAN NICOLETTI, B319377

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 20STCV42957) v.

GOLDRICH KEST,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Daniel Crowley, Judge. Affirmed. Pick & Boydston and Brian D. Boydston for Plaintiff and Appellant. Clyde & Co US, Alison K. Beanum, Douglas J. Collodel, and Brett C. Safford for Defendant and Respondent. _____________________________

This is an appeal from a trial court order granting Respondent Dolphin Marina Apartments’ (Dolphin) (erroneously sued as Goldrich Kest doing business as Dolphin Marina Apartments) summary judgment motion against Appellant Susan Nicoletti (Nicoletti). We conclude that Dolphin owed no duty to

warn Nicoletti of a water current that openly and obviously interfered with one of three building entrances. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On April 9, 2020, Nicoletti took her neighbor’s dog for a walk around Dolphin’s apartment complex located at 13900 Panay Way, Marina Del Rey, California. Nicoletti observed that it was raining that day with thunderstorms. At around 3:30 p.m., Nicoletti crossed the driveway of the North Side Gate entrance that led to the underground parking lot. The apartment complex also had a South Side Gate entrance and another entrance on Panay Way. Nicoletti was a thirteen-year resident of Dolphin’s apartment complex and was familiar with its premises. Nicoletti testified that she had gone past the North Side Gate “thousands of times” before the incident. Before crossing, Nicoletti observed that the concrete on the North Side Gate driveway was wet, and rainwater formed a current that was running down the driveway. Nicoletti did not observe any caution tape or other warning advisements. Nicoletti proceeded to cross, and the rainwater current knocked her down. Nicoletti then fell down the North Side Gate driveway and hit the gate at the bottom of the driveway. Nicoletti sustained injuries to her right shoulder, left knee, and face. On November 9, 2020, Nicoletti filed a complaint against Dolphin alleging general negligence and premises liability because Dolphin had a duty to warn of the running rainwater on the driveway with caution tape or other warning signals. On August 12, 2021, Dolphin filed a motion for summary judgment arguing that because the running rainwater was open and obvious, Dolphin had no duty to warn. On December 29,