Thompson v. Sprouse
Filed 5/9/06 Thompson v. Sprouse CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
BROOKE THOMPSON, Plaintiff and Appellant, v. JAMES E. SPROUSE, Defendant and Respondent. | E037178 (Super.Ct.No. VCV027732) OPINION |
APPEAL from the Superior Court of San Bernardino County. David A. Williams, Judge. Affirmed.
Madrid Law Firm, Erica L. Madrid, and Eduardo M. Madrid, for Plaintiff and Appellant.
Davis & Associates and Monte R. Davis, Jr., for Defendant and Respondent.
1. Introduction
Plaintiff and appellant Brooke Thompson was injured when she fell from a horse. She appeals after the trial court granted summary judgment in favor of defendant and respondent James E. Sprouse, and others, the owners of the horse and the ranch where the accident took place. Plaintiff contends that the trial court abused its discretion in granting a continuance to permit Sprouse to file a late motion for summary judgment. She further contends that the court erred in granting the motion, as there were triable issues of fact concerning liability. We affirm.
2. Factual and Procedural History
Sprouse owned Diamond, an Arabian mare. Sprouse boarded Diamond and another horse, Oliver, at the Lazy Fair Ranch. Sprouse averred that, before this incident, Diamond had never shown any dangerous propensities. On the day of the incident, Sprouse and his girlfriend, Lisa Leach, went to the ranch to ride the horses. Leach's daughter, Heather, and Heather's friend, plaintiff, â€
