Townsend

FACTS AND PROCEDURAL HISTORY

In May 2011, Danielle Costa and friends visited several restaurants and bars in Newport Beach, California. She left her car with the valet at one of the first restaurants she visited. At the evening’s end, she returned to the restaurant in a taxi to retrieve her keys from the valet, telling him she needed the keys to get into her house and that she would return the next day to retrieve her car. Once she had the keys, however, Costa decided to drive home. As she drove out of the parking lot, she struck Townsend, who was walking into the lot.1 Costa was arrested and charged with driving under the influence because her blood alcohol level was 0.18 at the time of the accident.

The parties dispute exactly where the accident occurred. Townsend contends the accident occurred as Costa was exiting the parking lot, and Special Parking contends it occurred about 50 feet outside the parking lot in the street. We need not resolve this dispute nor decide whether it constitutes a triable issue of material fact because we conclude Special Parking failed to present admissible evidence to support this and most of the other facts it cited.

3 Townsend filed…