Case Number: YC058254??? Hearing Date: July 22, 2016??? Dept: 91
The unopposed Motion by Defendant, Hilbers, Inc. (?Hilbers?) for Summary Judgment, filed on 4/29/15, is GRANTED. Defendant has met its burden of establishing that it is entitled to judgment on the entire complaint in its favor based on the undisputed material facts proffered. Cal. Code Civ. Proc. ? 437c(p)(2).
The First Amended Complaint alleges that on 6/11/11, Plaintiff was using the sauna at Defendant?s sports club. He placed his hand on the hand-rail, and the hand-rail collapsed, causing Plaintiff to slip and fall on a foreign substance that had accumulated. Plaintiff amended the complaint to include Defendant, Hilbers Inc., as Doe 10. Plaintiff alleges claims against both Defendants for negligence and strict products liability.
As Hilbers correctly argues, the ?completed and accepted? doctrine shields a contractor from liability to third persons once the work is completed and the owner accepts the work. The owner?s acceptance of the work shifts liability for its safety to the owner. Neiman v. Leo A. Daly Co. (2012) 210 Cal.App.4th 962, 969.
There is no dispute that Hilbers entered into a construction contract with 24 Hour Fitness USA, Inc. to construct a fitness club according to the plans and specifications provided to Hilbers. UF A.1, UF D.1. Hilbers completed its work on the contract on 8/18/2005. 24 Hour Fitness accepted the work under the subject contract by extending final payment. UF 3.
Therefore, the Motion for Summary Judgment is be granted, and the alternative motion for adjudication of issues is rendered moot.
Moving party is ordered to give notice.