Hernandez

Hernandez v. Amidron Energy, LLC

Good Law
United States District Court, Northern District of CaliforniaDecember 4, 20235:21-cv-01011California7,391 words

Opinion

Trial Court Opinion

I. BACKGROUND

1 A. Parties 2 Plaintiff, Gerardo Hernandez, lost his ability to walk and nearly all sensation in his legs as 3 the result of a gunshot in 2007. Declaration of Gerardo Hernandez (“Hernandez Decl.”) ¶ 2, ECF 4 No. 55-3. Plaintiff is confined to a wheelchair. Id. ¶ 3. 5 Defendant 7-Eleven owns a gas station known as 76 #37997 located at 705 San Antonio 6 Road in Palo Alto, California (“Gas Station”). Declaration of Tanya E. Moore (“Moore Decl.”) ¶ 7 6, ECF No. 55-1. 8 Defendant HMR has owned the real property in which the Gas Station is located since 9 2013. HMR Answer ¶ 7, ECF No. 16. 10 7-Eleven contracts with operators to conduct the daily operations of the Gas Station. 11 Moore Decl., Ex. A at 9:22–10:4, ECF No. 55-2. Defendant Amidron operated the Gas Station in 12 2020. Moore Decl., Ex. B at 54:9–14, ECF No. 55-2. Defendant AIT currently operates the Gas 13 Station as of July 2021. Moore Decl., Ex. D at 16:22–25, ECF No. 55-2. 14 B. Factual Background 15 This case arises out of Plaintiff’s visit to the Gas Station on December 12, 2020. See SAC. 16 Plaintiff, along with his girlfriend, mother, niece, and nephew, drove to the Gas Station on their…

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