Steward v. Stratus Security Services
Filed 10/19/10 Steward v. Stratus Security
Services CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF
FOURTH APPELLATE DISTRICT
DIVISION TWO
ANTONIO STEWARD,
Plaintiff
and Appellant,
v.
STRATUS SECURITY SERVICES, INC.,
Defendant
and Respondent.
E048630
(Super.Ct.No.
SCVSS145226)
OPINION
APPEAL
from the Superior Court
of San
Bernardino County.
Donald R. Alvarez, Judge.
Reversed.
Law
Offices of Sandor C. Fuchs, Sandor C. Fuchs; Law Offices of James S. Miller,
James S. Miller; and Evan D. Marshall for Plaintiff and Appellant.
Bradley
& Gmelich, Barry A. Bradley and Shirley R. Sullinger for Defendant and
Respondent.
Antonio
Steward (Steward) and his parents sued Stratus Security Services, Inc.
(Stratus) for negligence.[1] The trial court granted summary judgment in favor of
Stratus. (Code Civ. Proc. § 437c.) Steward contends that the trial court erred
(1) because he presented triable issues of fact; (2) because Stratus failed to
meet its burden of proof; (3) by
granting various evidentiary objections; and (4) by denying Steward leave to
amend the complaint. We reverse the
judgment.
Cannon
Management (Cannon) managed the Aventerra Apartments (Aventerra), in Fontana. Cannon hired Stratus to provide security
services at Aventerra. Cannon did not
permit parties at Aventerra. Quiet hours
at the apartment complex were from 10:00 p.m.
until 9:00 a.m.
On
August 26, 2006, a Stratus
security guard was on patrol at Aventerra.
At 12:30 a.m., while the guard
was making his rounds, he saw a group of eight to ten men near the rear of the
complex. The men ranged in age from 18
to 35 years old. The men were talking, drinking,
and listening to music. The security
guard described the scene as follows:
â€
| Description | Antonio Steward (Steward) and his parents sued Stratus Security Services, Inc. (Stratus) for negligence. The trial court granted summary judgment in favor of Stratus. (Code Civ. Proc. § 437c.) Steward contends that the trial court erred (1) because he presented triable issues of fact; (2) because Stratus failed to meet its burden of proof; (3) by granting various evidentiary objections; and (4) by denying Steward leave to amend the complaint. Court reverse the judgment. |
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