Castellon

Castellon v. U.S. Bancorp

Good Law
163 Cal. Rptr. 3d 637·2013 Cal. App. LEXIS 848·220 Cal. App. 4th 994·2013 WL 5739040
Court of Appeal of CaliforniaOctober 23, 2013B245651California1,695 words

Opinion

Opinion

Chavez, J.

Plaintiff and appellant Yanira Garcia Ramirez Castellón (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…

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