Wilson
Wilson v. J.P. Allen Co.
Opinion
Lead Opinion
Snyder, J.
Proceedings: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Dkt. No. 49, filed September 17, 2014)
Catherine Jeang Deputy Clerk
Anne Kielwasser Court Reporter / Recorder
I. INTRODUCTION
On June 19, 2013, plaintiff Kevin Wilson filed the instant lawsuit against defendant J.P. Allen Company DBA Holiday Inn Burbank-Media Center and Does 1 through 10 in the U.S. District Court for the Southern District of California. Dkt. No. 1. On September 11, 2013, defendant specially appeared to file a motion to dismiss the case on the ground of improper venue or, in the alternative, transfer the case to the Central District of California. Dkt. No. 4. On September 26, 2013, plaintiff filed a response in which he agreed that the Central District of California was the correct venue. Dkt. No. 5. On October 15, 2013, the case was transferred .to this Court. See Dkt. No, 9. On January 24, 2014, plaintiff filed the operative First Amended Complaint (“FAC”). Dkt. No. 18. In brief, the FAC alleges that defendant’s negligently failed to mark and maintain a drop in elevation in front of a hotel entrance, causing plaintiff to fall and sustain injuries. FAC ¶¶ 4-6.