PADILLA v. RODAS

No. B195284.

73 Cal.Rptr.3d 114 (2008)

160 Cal.App.4th 742

Leslie PADILLA, Plaintiff and Appellant, v. Ismael Ruano RODAS et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division One.

February 29, 2008.


Attorney(s) appearing for the Case

Bermeo & Merluza and Ricardo Y. Merluza, Glendale, for Plaintiff and Appellant.

Early, Maslach & Vandueck, James Randall, Los Angeles; Law Office of Priscilla Slocum and Priscilla Slocum, Los Angeles, for Defendants and Respondents.


MALLANO, Acting P.J.

In this case of first impression, a two-year-old child drowned in the backyard pool of the homeowners when his parent left him unattended for about five minutes. The parent brought an action for wrongful death and a survival action for negligence against the homeowners, asserting two theories of liability: negligent supervision and premises liability based on an allegedly defective gate. The trial...

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