Case Number: BC621626 Hearing Date: June 25, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

RONALD C. GLYMPH,

Plaintiff(s),

vs.

METROPOLITAN INVESTMENTS III, LLC, ET AL.,

Defendant(s).

CASE NO: BC621626

[TENTATIVE] ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

Dept. 3

1:30 p.m.

June 25, 2019

Background Facts

Plaintiff, Ronald C. Glymph filed this action against Defendants, Metropolitan Investments III, LLC (“Metro”), Redondo Information Technology Center, and Southern California Edison Company (“SCE”) for negligence and premises liability arising out of a fall down the stairs. Plaintiff added Defendant, Aggreko, LLC as Doe 1 to the complaint.

Plaintiff alleges he was a commercial tenant on property owned by Metro, and he was not given notice of a planned power outage; when the power outage occurred, he rushed to get out of the building, and he fell down the stairs.

Motion for Summary Judgment

At this time Defendant, Aggreko, LLC (Doe 1) moves for summary judgment on the complaint, contending it did not own, lease, maintain, manage, operate, occupy, or control the subject premises. It provides evidence that SCE leased a temporary electrical generator from it during a specific period of time, but the generator had been disconnected prior to the incident that forms the basis of this lawsuit. See facts 6-11 in Aggreko’s separate statement. It also provides evidence that it did not own, lease, maintain, manage, operate, occupy, or control the subject premises. See fact 13. The foregoing is sufficient to meet Aggreko’s moving burden to show it is not liable for Plaintiff’s damages as a matter of law.

Any opposition to the motion was due on or before 6/11/19. The Court has not received opposition to the motion. Plaintiff therefore necessarily failed to meet his burden to raise a triable issue of material fact, and the motion for summary judgment is granted.

Defendant is ordered to give notice.