Lydia Veils Vs. Palm Garden Apartments

1716 Words4 Pages

Plaintiff Lydia Jaynes was sexually assaulted in the parking garage of her apartment complex, which are owned by the defendant Palm Garden Group. Plaintiff filed a negligence-based cause of action against Palm Gardens Group, alleging that the assault would have not happened but for the malfunctioning security gate. Defendant is entitled to summary judgment because the plaintiff fails to show a triable issue of material fact.
A. STATEMENT OF FACTS
Lydia Jaynes resided at the Palm Garden Apartments (Separate Statement of Undisputed Facts (SS) No. 2) she was sexually assaulted and beaten (SS No. 1) in the underground parking garage (SS No. 2). On November 1, 2011, Lydia Jayne started living at the Palm Garden Apartment (SS No. 2) and what drew her there was the …show more content…

10). Since when she arrived and until now she’s had a problem with her emotional state (SS No. 10). After the accident, Jaynes left the apartment and was living with her friend, until she found another apartment (SS No. 10).
II. PALM GARDENS GROUP IS ENTITLED TO SUMMARY JUDGMENT BECAUSE THE PLAINTIFF HAS NO SUBSTANTIAL EVIDENCE TO ESTABLISH ONE OF THE ELEMENTS OF HER CLAIM AND NO TRIABLE ISSUE OF MATERIAL FACT.
Code of Civil Procedure, section 437c, provides that the moving party is entitled to judgment as a matter of law, when there is no triable issue as to a material fact. Also, Code of Civil Procedure, section 437o (1) states that “a cause of action has no merit if, one or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.” In other words, a summary judgment is appropriate when one or more of the elements is missing in the action.
The plaintiff has failed to show that there is a triable issue as to a material fact. Here, the plaintiff alleges that but for the defendant’s negligence in not fixing the gate, the plaintiff received the

More about Lydia Veils Vs. Palm Garden Apartments

Open Document