Albillo

INTRODUCTION

This is the second appeal arising from injuries sustained by plaintiff and appellant Oscar Albillo when he tripped and fell at the entrance to the Ports O’Call Village in San Pedro in May 2010. Oscar and his wife, Blanca Albillo,1 sued Ports O’Call Restaurant Corporation (POC) as the purported property owner/operator in 2012. The case proceeded to trial in 2014. At the close of the Albillos’ presentation of evidence, the court granted POC’s motion for nonsuit, finding that the accident occurred on property that had been subleased by POC to respondents Sam and Sung Cho, the Albillos therefore had to prove that POC (as the landlord) had actual notice of a dangerous condition, and the Albillos failed to present evidence of such notice. The Albillos appealed the grant of nonsuit and we affirmed in a prior unpublished opinion. The litigation did not end there, however. In 2014, after the trial court had indicated it was inclined to grant POC’s motion for nonsuit, the Albillos moved to amend their complaint to substitute the Chos, along with entity Sammyeon, Inc. (Sammyeon), as Doe defendants pursuant to Code of Civil Procedure section 474.2 The Chos and Sammyeon moved to…