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Kelly M. Mclendon v. Rachelle Duncan; Derek Duncan; Juanita Fagan; Jeffrey Fagan; and

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 17, 2013

KELLY M. MCLENDON, PLAINTIFF,
v.
RACHELLE DUNCAN; DEREK DUNCAN; JUANITA FAGAN; JEFFREY FAGAN; AND DEBBIE PETERS, DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Court Judge

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

The Motion for Summary Judgment of Defendant Debbie Peters ("Defendant") and the Cross Motion for Partial Summary Judgment of Plaintiff Kelly M. McLendon ("Plaintiff") came on for hearing on January 9, 2013 in Department 6 of the above-entitled Court, Judge John A. Mendez presiding. Frederick H Lundblade, Esq. of Black, Chapman, Webber & Stevens appeared on behalf of Plaintiff. Gavan R. Munter, Esq. of Tiza Serrano Thompson & Associates appeared on behalf of Defendant Debbie Peters ("Defendant.")

The Court, having reviewed and considered all moving papers submitted by Defendant Peters in support of her Motion for Summary Judgment; all papers submitted by Plaintiff McLendon in opposition to Defendant's Motion for Summary Judgment and all papers submitted by him in support of his Cross Motion for Partial Summary Judgment; and all papers submitted by Defendant Peters in reply to Plaintiff's opposition and Cross Motion; and having heard the arguments of counsel, finds as follows:

1) As to Plaintiff's cause of action for Common Law Strict Liability, the Court finds that the cause of action is inapplicable to Defendant Peters;

2) As to Plaintiff's causes of action for Negligence and Premises Liability, the

Court analyzed the moving papers submitted by the parties in light of the factors set forth in Rowland v. Christian (1968) 69 Cal. 2d 108, and finds that Defendant Peters did not owe a legal duty to Plaintiff McClendon under the circumstances surrounding the subject incident.

Accordingly, it is hereby ORDERED that Defendant Debbie Peters Motion for Summary Judgment is GRANTED; and Plaintiff Kelly M. McLendon's Cross Motion for Partial Summary Judgment is DENIED.

APPROVED AS TO FORM: 1/16/2013 /s/_______________________ Date Frederick Lundblade, Esq.

20130117

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