Michajlenko

Michajlenko v. Terramar Retail Centers CA4/1

Good Law
Court of Appeal of CaliforniaMarch 9, 2022D077539California8,254 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

Oleg Michajlenko filed a first amended complaint against defendants Terramar Retail Centers LLC (Terramar) and Seaport Village Operating Company LLC alleging that he “was seriously injured when he tripped and . . . fell,” on property owned and/or managed by defendants. Michajlenko brought negligence and premises liability causes of action against both

defendants.1 Defendants filed a motion for summary judgment in which they argued that Michajlenko would be unable to establish either: (1) the existence of a dangerous condition on their property, or (2) that they had actual or constructive notice of any such condition, as would be required for Michajlenko to prove his claims. The trial court granted defendants’ motion for summary judgment. On appeal, Michajlenko claims that the trial court erred in granting defendants’ motion for summary judgment. We affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. The operative complaint In January 2018, Michajlenko filed the operative first amended complaint against defendants. In a section of the complaint titled “General

Allegations,”2 (some capitalization omitted) Michajlenko alleged that defendants owned and/or managed…

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