(PS) Thomas v. Costco Wholesale Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RUBY N. THOMAS, No. 2:21-cv-01492-TLN-DB Plaintiff, v. ORDER COSTCO WHOLESALE CORPORATION, and DOES 1 to 50, inclusive, Defendants. 17 This matter is before the Court on Defendant Costco Wholesale Corporation’s (“Defendant”) Motion for Summary Judgment, or, in the alternative, Summary Adjudication. (ECF No. 12.) Plaintiff Ruby N. Thomas (“Plaintiff”) opposed. (ECF No. 21.) Defendant replied. (ECF No. 22.) For the reasons set forth below, the Court DENIES Defendant’s motion. /// /// /// /// /// /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND1 This case arises out of a slip and fall at a Costco store in Elk Grove, California (“Elk Grove Costco”) on July 1, 2019. (ECF No. 12-1 at 1.) At sometime between 3:58 p.m. and 4:00 p.m. on July 1, 2019, Plaintiff fell on her knee in the area near the food court and member services counter at the Elk Grove Costco. (Id.) Plaintiff filed this…