Lively

MEMORANDUM ***

We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s grant of summary judgment in favor of Wild Oats Markets, Inc. (‘Wild Oats”). There is no evidence in the record suggesting that Wild Oats had either actual or constructive knowledge of the spilled water that caused Emma Lively to slip and fall. See Moore v. Wal-Mart Stores, Inc., 111 Cal.App.4th 472 , 3 Cal.Rptr.3d 813, 816 (2003) (“In the absence of actual or constructive knowledge of the dangerous condition, the owner is not liable.”). There is also no evidence that Wild Oats became aware of the spilled water within a sufficient time to remove it. See Perez v. Ow, 200 Cal.App.2d 559 , 19 Cal.Rptr. 372, 373 (1962); Girvetz v. Boys’ Market, 91 Cal.App.2d 827 , 206 P.2d 6, 7 (1949). It is undisputed that Wild Oats manager Kenneth Admire inspected the area where the accident occurred only five minutes beforehand and found no spilled water. It is also undisputed that another Wild Oats manager, Tom Gilbert, performed inspection sweeps every half hour on the day of the accident and found no hazards. The fact that Gilbert failed to write in the log the exact minute that he conducted each…