Perry

Perry v. Bakewell Hawthorne, LLC

Good Law
198 Cal. Rptr. 3d 669·2016 Cal. App. LEXIS 77·244 Cal. App. 4th 712
Court of Appeal of CaliforniaFebruary 3, 2016B264027California4,118 words

Opinion

Lead Opinion

Chavez, J.

*715 Plaintiff and appellant Wilson Dante Perry (plaintiff) appeals from the summary judgment entered in favor of defendant and respondent Bakewell Hawthorne, LLC (defendant) in this personal injury action based on negligence and premises liability. Plaintiff's principal argument on appeal is that the trial court erred by excluding expert witness declarations he submitted in opposition to the summary judgment *671 motion. Plaintiff further argues that defendant had notice of a dangerous condition on the premises.

We conclude that the trial court's exclusion of plaintiff's expert declarations was not an abuse of discretion and that plaintiff failed to raise any triable issue as to notice. We therefore affirm the judgment.

BACKGROUND

Plaintiff commenced the instant action in January 2013 for injuries he sustained when he fell on an exterior stairway on property owned by defendant and occupied by former defendant JP Morgan Chase Bank, NA (Chase). In the operative first amended complaint, plaintiff alleged that defendant and Chase were negligent in designing, developing, operating, and maintaining the stairway, causing plaintiff to fall and sustain injuries. Trial was initially set…

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