Cho

BACKGROUND

Cho filed the present action against CKE in March 2017 and filed the operative first amended complaint (complaint) in May 2019. The complaint alleged that in about August 2015, Cho moved into an apartment next door to a Carl’s Jr. Restaurant (restaurant). At CKE’s direction, trash was collected from the restaurant every morning between 4:00 and 6:00 a.m., disrupting Cho’s sleep and causing a deterioration of his physical and psychological health. Cho notified CKE of the problem, but it refused to have the restaurant’s trash collected at a different time. Cho alleged that these practices gave rise to causes of action for nuisance and intentional and negligent infliction of emotional distress. CKE moved for summary judgment. It asserted that it had contracted with Omega Waste Management (Omega) for trash pickup; Omega subcontracted with Haul-Away Rubbish Company (Haul-Away), whose trucks collected the restaurant’s trash daily. Through the declarations of its employees, CKE asserted that it had no involvement with the scheduling or dispatching of Haul- Away’s trash trucks; Cho was the only person who ever made a noise complaint concerning trash collection at the…