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DELGADO v. TRAX BAR & GRILL

No. F040180.

134 Cal.Rptr.2d 548 (2003)

109 Cal.App.4th 262

Michael Woolery DELGADO, Plaintiff and Appellant, v. TRAX BAR & GRILL, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Rehearing Denied June 18, 2003.

Attorney(s) appearing for the Case

Ringhoff & Toledo, Stephen J. Ringhoff, Modesto and Theressa Y. Toledo, for Plaintiff and Appellant.

Hollingshead, Nardine, Bennett & Smith and David H. Bennett, for Defendant and Appellant.

OPINION

VARTABEDIAN, Acting P.J.

This is an appeal from a judgment entered on a jury verdict awarding damages to plaintiff Michael Woolery Delgado. On appeal, defendant Trax Bar & Grill (Trax) contends that it had no legal duty to prevent the criminal assault that caused Delgado's injuries. We agree and will reverse the judgment. As a result, the cross-appeal, which raises issues concerning the measure of damages, becomes moot.

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