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NUNEZ v. R'BIBO

Docket No. B037526.

211 Cal.App.3d 559 (1989)

260 Cal. Rptr. 1

FRANCISCO NUNEZ et al., Plaintiffs and Appellants, v. ANDRE R'BIBO, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

June 5, 1989.

Attorney(s) appearing for the Case

COUNSEL

Ralph R. Benson for Plaintiffs and Appellants.

Mommaerts & Rutledge and Jeffrey D. Hathaway for Defendant and Respondent.

OPINION

ROTH, P.J.

Francisco Nunez appeals from the summary judgment in favor of defendant Andre R'Bibo. The question is whether appellant's claim for negligence and premises liability is negated by the doctrine of implied assumption of the risk. Concluding that the answer is "yes," we affirm.

(1) The summary judgment motion is used to determine the existence of triable issues of material fact. The motion should...

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