Tianen-Bennett

Tianen-Bennett v. Super. Ct. CA1/1

Good Law
Court of Appeal of CaliforniaNovember 19, 2014A143191California1,981 words

Opinion

Opinion

Dondero, J.

INTRODUCTION

Petitioner Helena Tianen-Bennett is the plaintiff in an underlying trip-and-fall suit in Alameda County Superior Court. Petitioner filed a timely petition for writ of mandate seeking reversal of the trial court’s order denying her request to enter summary judgment so she could file an appeal based on the court’s earlier orders granting summary judgment in favor of defendants and real parties in interest City of Berkeley (City) and KRGW Fujimoto, LLC (Fujimoto). We shall grant the petition.

BACKGROUND

On September 5, 2012, Judge George Hernandez, Jr., issued an amended order granting City’s motion for summary judgment under the trivial defect doctrine, ruling as a matter of law the area of sidewalk in dispute did not constitute a dangerous condition.

1 The merits of the ruling are not at issue here.

1 The amended order granting summary judgment concludes with the following language: “Defendant City of Berkeley is DISMISSED from this action. [¶] IT IS SO ORDERED.” On the same date, Judge Hernandez issued a similar amended order granting summary judgment in favor of Fujimoto, owner of the property adjacent to the allegedly defective sidewalk. Plaintiff filed a…

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