Marin v. Carl Karcher Enterprises, Inc.

Filed 11/16/06 Marin v. Carl Karcher Enterprises, Inc. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from the Superior Court of San Bernardino County. John P. Wade, Judge. Affirmed.

Law Offices of Gene G. Goldsman, Linda Jacobson-Goldsman and Carson Newton for Plaintiff and Appellant.

Lewis Brisbois Bisgaard & Smith, Keith D. Taylor and Gary M. Lape for Defendant and Respondent.

1. Introduction

Plaintiff tripped on a metal doorstop while exiting a Carl's Jr. restaurant and suffered injuries requiring three surgeries.

Plaintiff appeals from an order granting defendant's summary judgment motion. (Code Civ. Proc., § 437c.) She argues there was a triable issue of material fact about whether the doorstop constitutes a trivial defect. Based on our independent review, we hold there was no triable issue of material fact. As a matter of law, the doorstop, either one-half inch or one and one-half inches tall, was a trivial defect.

2. Disputed and Undisputed Facts

In her opposing separate statement, plaintiff agreed the following material facts were not disputed.

While leaving the restaurant by the same door she had entered, plaintiff tripped on a â€