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Date: 07-28-2023

Case Style:

Lima Stulting v. Home Deport U.S.A., Inc.

Case Number: 2:22-cv-05601

Judge: John F. Walter

Court: United States District Court for the Central District of California (Los Angeles County)

Plaintiff's Attorney: Andrew Pongracz

Defendant's Attorney: Joshua Goodman and Marie Maurice

Description: Los Angeles, California personal injury lawyer represented Plaintiff who used Defendant on a premises liability negligence theory.

This case was filed in the Los Angeles Superior Court, 21STCV47408, and was removed to federal court by the Defendant.

"Premises liability is a legal doctrine that holds property owners responsible for injuries that occur on their property due to the owner's negligence. In California, premises liability law is based on the concept of "ordinary care." This means that property owners must take reasonable steps to keep their property safe for visitors.

There are three main elements that must be established in order to prove a premises liability claim in California:

The property owner had a duty of care to the injured party.
The property owner breached their duty of care.
The breach of duty caused the injured party's injuries.

The duty of care that property owners owe to visitors varies depending on the type of visitor. For example, property owners owe a higher duty of care to invitees than they do to trespassers. Invitees are people who are invited onto the property for a business or social purpose, while trespassers are people who are on the property without permission.

Property owners can breach their duty of care in a number of ways, such as by failing to:

Maintain the property in a safe condition.
Warn visitors of known hazards.
Provide adequate security.

If a property owner breaches their duty of care and someone is injured as a result, the injured party may be able to file a lawsuit against the property owner. In a premises liability lawsuit, the injured party can recover damages for their medical expenses, lost wages, pain and suffering, and other losses.

Here are some examples of premises liability cases in California:

A customer slips and falls on a wet floor at a grocery store.
A child is injured on a broken swing set at a park.
A worker is injured when a ladder falls over at a construction site.

If you have been injured on someone else's property, you should speak to an experienced personal injury attorney to discuss your legal options. An attorney can help you determine if you have a premises liability case and can represent you in court if you decide to file a lawsuit."

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Outcome: 07/28/2023 31 MINUTE (IN CHAMBERS) ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH COURT ORDER by Judge John F. Walter. As a result of the parties' violation of the Court's Order, this action is DISMISSED without prejudice. The Pretrial Conference scheduled for August 11, 2023, the Trial scheduled for August 29, 2023, and any other dates calendared in this matter are hereby VACATED. (Made JS-6. Case Terminated.) (iv) (Entered: 07/28/2023)

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