Alma Gonzalez, an Individual vs. City of Glendale, a Public Entity, et al.

Case Background

On April 13, 2022, Alma Gonzalez filed a premises liability lawsuit after a slip-and-fall at a premises owned and maintained by The Americana At Brand, LLC. Gonzalez alleged that the dangerous and slippery conditions existed because of negligence and failure to maintain the premises in a safe condition.

The case was filed in the California Superior Court, Los Angeles County. Judges Michele E. Flurer, Steven A. Ellis, and Lynne M. Hobbs presided over the case. [Case number: 22STCV12498]

Cause

On or around April 3, 2021, Plaintiff Alma Gonzalez was injured on Defendant The Americana At Brand, LLC, premises due to their negligence.

The Defendant owned, maintained, and operated the premises at 889 Americana Way, Glendale, CA. Due to their negligence, an unknown substance or debris accumulated, making the area slippery and dangerous. The Defendants failed to take appropriate actions to secure the area, such as barring access, warning of the hazardous condition, or controlling foot traffic in the dangerous area.

While walking on the premises, Plaintiff slipped or tripped on the substance or debris that had been allowed to accumulate. The actions of the Defendants, or their employees, fell below the standard of care and directly caused Plaintiff’s injuries.

Damages

The City of Glendale, along with other Defendants, was served with a claim for damages under Government Code Section 911.2 on October 1, 2021. This claim was rejected on October 19, 2021. Similarly, the County of Los Angeles was served with the same claim on October 1, 2021, and it was rejected on October 19, 2021. The California Department of Transportation was also served with a claim for damages on October 1, 2021. However, no rejection was issued by an agent of the Department.

As a result of Defendant’s negligence, Plaintiff suffered various losses, including wage loss, loss of use of property, hospital and medical expenses, general damages, property damage, and loss of earning capacity. Plaintiff sought judgment for the costs of the lawsuit and for fair, just, and equitable relief. Specifically, Plaintiff requested compensatory damages to address the harm caused by the Defendants’ actions.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Alma Gonzalez
    • Counsel for Plaintiff(s): Steven Ross | Gevork Gazaryan
  • Defendant(s): The Americana At Brand, LLC
    • Counsel for Defendant(s): Theresa A. Kristovich

Claims

Count One – Negligence
The Defendants, including The Americana at Brand, LLC, and Does 1 through 50, negligently owned, maintained, managed, and operated the premises, failing to exercise the required standard of care and thereby causing harm.

Count Two – Dangerous Condition of Public Property
The Defendants, including the City of Glendale, the County of Los Angeles, the California Department of Transportation, and Does 1 through 50, owned public property where a dangerous condition existed. The Defendants had both actual and constructive notice of the hazardous condition well before the injury occurred, providing them sufficient time to address it. Additionally, the condition resulted from the actions or inactions of employees of the Defendant public entities.

On July 18, 2022, the court dismissed the City of Glendale from the case.

Defense

The Americana raised several defenses in response to Plaintiff’s claims. First, it argued that the Complaint failed to state a valid cause of action. The Americana contended that Plaintiff’s own negligence was the cause of her injuries. Additionally, the delay in filing the lawsuit barred Plaintiff’s claims. The Americana also argued that Plaintiff’s actions prevented her from recovering damages and that her failure to mitigate damages limited recovery. Furthermore, it invoked the doctrine of primary assumption of risk, stating that any defect was open and obvious. The Americana claimed that independent or intervening causes contributed to the alleged damages. It also argued that the statute of limitations barred Plaintiff’s claims and that Plaintiff waived recovery through misconduct. Lastly, The Americana asserted that it complied with all applicable laws and reserved the right to assert additional defenses if needed.

Jury Verdict

On September 10, 2024, a twelve-member jury determined that Defendant The Americana At Brand was not negligent in the use or maintenance of the premises. Accordingly, a defense verdict was entered.

On October 02, 2024, Hon. Michele E. Flurer entered a judgment consistent with the verdict in this premises liability lawsuit.

Court Documents:

Available upon request