California Court of Appeal

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Castellon v. U.S. Bancorp, B245651

Summary judgment entered in favor of defendant, as trustee of a trust, in this action for negligence and premises liability for injuries sustained when plaintiff slipped and fell outside a residence owned by the trust, is affirmed, where: 1) the undisputed evidence shows that the trust, and not defendant, was the owner of the property at the time of the accident, and thus defendant cannot be held liable for plaintiff's injuries unless it was "personally at fault" by intentionally or negligently committing a tort; 2) defendant met its burden of showing that plaintiff's cause of action for negligence fails because there is no evidence it was personally at fault; 3) plaintiff failed to raise any triable issue as to defendant's alleged negligence; and 4) there was no evidence of a dangerous condition on the property.

Appellate Information

  • Decided 10/23/2013
  • Published 10/23/2013

Judges

  • CHAVEZ

Court

  • California Court of Appeal

Counsel