Filed 4/18/06 Saran v. Bolthousel Farms CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| BALDEV SARAN, Plaintiff and Appellant, v. W. M. BOLTHOUSE FARMS, Defendant and Respondent. |
F047107
(Super. Ct. No. S1500CV251102AEW)
OPINION |
APPEAL from a judgment of the Superior Court of Kern County. Arthur E. Wallace, Judge.
Martin L. Stanley, for Plaintiff and Appellant.
McCormick, Barstow, Sheppard, Wayte & Carruth, and Daniel P. Lyons, for Defendant and Respondent.
-ooOoo-
Appellant Baldev Saran contends the trial court erred in granting summary judgment in favor of respondent W. M. Bolthouse Farms, Inc. in Saran's action against them for premises liability and negligence. For the reasons set forth below, we affirm.
FACTUAL AND PROCEDURAL HISTORY
In setting forth the relevant facts, we are mindful of the standard of review on appeal from a grant of summary judgment: An appellate court must strictly construe the evidence of the moving party and liberally construe the evidence of the opposing party. We consider the evidence de novo and indulge every reasonable inference to be drawn from the opposing party's evidence. (Varni Bros. Corp. v. Wine World, Inc. (1995) 35 Cal.App.4th 880, 886.)
On September 19, 2002, at approximately 4:45 a.m. Saran sustained injuries when he was hit by a car while crossing the street to get to work at defendant/respondent Bolthouse Farms' property. Saran had parked his car across the street from Bolthouse Farms and, while crossing the public road in front of Bolthouse, was struck by a passenger car driven by Claudia Verjara. There was an employee parking lot on Bolthouse property but insufficient spaces for all the employees.[1] The California Highway Patrol and witnesses indicated Verjara hit Saran in the westbound lane of the public road in front of Bolthouse Farms.[2] The County of Kern controlled and maintained the roadway and the area in front of Bolthouse Farms.
On March 25, 2004, Saran filed a complaint against Bolthouse Farms alleging premises liability, negligence and intentional tortuous conduct. The intentional tort cause of action was ultimately dismissed by Saran. Saran's complaint alleged, in pertinent part:
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