Humphrey v. Home Depot

Filed 1/31/07  Humphrey v. Home Depot CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION ONE

            APPEAL from a judgment of the Superior Court of Los Angeles County.  Allen  J.  Webster, Judge.  Affirmed.

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            Rozanski & Associates, Stanley H. Rozanski and Matthew T. Surlin for Plaintiff and Appellant.

            Sedgwick, Detert, Moran & Arnold, Craig S. Barnes, Douglas J. Collodel and Alison K. Hazan for Defendant and Respondent.

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            Oscar Humphrey appeals from the judgment in favor of Home Depot, U.S.A., Inc. (Home Depot) on Humphrey's complaint for negligence.  Humphrey argues that the jury instructions and certain evidentiary ruling were erroneous, and that the trial judge was biased against him.  We affirm.

BACKGROUND

            On August 3, 2002, Humphrey visited a Home Depot store to return some items and to buy some â€