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GORDON v. HAVASU PALMS, INC.

No. G022599.

112 Cal.Rptr.2d 816 (2001)

93 Cal.App.4th 244

Stacy GORDON et al., Cross-Complainants and Appellants, v. HAVASU PALMS, INC., Cross-Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

Rehearing Denied November 26, 2001.

Review Denied January 16, 2002.

Attorney(s) appearing for the Case

Law Offices of Joseph A. Brajevich and Joseph A. Brajevich, San Pedro, for Cross-Complainants and Appellants.

Haight Brown & Bonesteel, Roy G. Weatherup, Santa Monica, Mark S. Lester, Riverside, David W. Evans, San Francisco, Caroline E. Chan, Santa Monica, and Josephine M. Chow, Los Angeles, for Cross-Defendant and Respondent.

OPINION

O'LEARY, J.

Stacy Gordon appeals from a judgment entered in favor of Havasu Palms, Inc., (Havasu) after the trial court granted Havasu's motion for summary judgment. Gordon argues the trial court erroneously granted summary judgment because there was a triable issue of material fact regarding (1) whether the assumption of risk defense was applicable because Havasu failed to properly design and maintain its airstrip; and (2) whether the conditions...

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