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.
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
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
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