March 18, 2021
Plaintiff, a USC college student, alleged millions of dollars in damages for claims of kidnapping and sexual assault arising from sexual intercourse with a driver named as co-defendant. The Plaintiff was highly intoxicated. Plaintiff alleged the motel, an hourly room rental establishment, was responsible for the rape because it rented her and the driver a motel room. Plaintiff argued that the Motel should not have rented her a room because it had inadequate security, she was too intoxicated to present at the check-in window, had an improper Swedish identification, and vomited and fell in the parking lot.
Paul Caleo and Lynn Rivera filed a motion for summary judgment in Los Angeles Superior Court arguing that the crimes were not foreseeable to the motel and it breached no duty of care owed to the Plaintiff. The Plaintiff opposed the motion arguing there was a triable issue of fact on whether the motel had inadequate security measures. The Court granted the Motion in its entirely finding the Motel breached no duty of care owed to Plaintiff as a matter of law resulting in a judgment in Snooty Fox’s favor against the Plaintiff. Los Angeles County Superior Court is well-known as a difficult venue to obtain a favorable ruling on a Motion for Summary Judgment.
See article in DRI The Voice, Vol.20, Issue 5, March 17, 2021.