Posner
Posner v. Hillstone Restaurant Group, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MERRILEE A. POSNER, No. 2:19-cv-00507-TLN-KJN Plaintiff, 13 v. ORDER
HILLSTONE RESTAURANT GROUP,
INC., dba BANDERA’S; and DOES 1 through 10, inclusive, 16 Defendants. 17 18 This matter is before the Court on Defendant Hillstone Restaurant Group, Inc., d/b/a Bandera’s (“Defendant”) Motion for Summary Judgment (ECF No. 16) and Plaintiff Merrilee A. Posner’s (“Plaintiff”) Motion for Spoliation Sanctions (ECF No. 19). Plaintiff filed an opposition to Defendant’s motion (ECF No. 21), and Defendant filed an opposition to Plaintiff’s motion (ECF No. 27). Each party subsequently replied. (ECF Nos. 25, 29.) For the reasons set forth below, the Court DENIES Defendant’s Motion for Summary Judgment (ECF No. 16) and GRANTS Plaintiff’s Motion for Spoliation Sanctions (ECF No. 19). /// /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND1 This matter arises from an alleged slip that took place on February 25, 2017, when Plaintiff visited Defendant’s…