Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)

Citation: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Parent Document: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Jurisdiction: California (state)
Effective Date: 2020-09-10
Original Source: https://www.courtlistener.com/opinion/4784084/aljabban-v-fontana-indoor-swap-... ↗

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2      The sink/cabinet unit is a one-piece item with the sink recessed into the
top of a cabinet. Photographs of the item, as installed in space H-2, appear in
the record. Aljabban has requested to include in the appellate record the
actual sink/cabinet unit that was presented as a demonstrative exhibit at
trial during his trial testimony. At trial Aljabban testified that the exhibit
was similar to the sink/cabinet unit that was left behind in space H-2. On
May 1, 2019, the court of appeal issued an order stating that it would defer
ruling on Aljabban’s request to transmit the physical exhibit to the court.
The order stated that “[t]he court will notify appellant’s counsel if and when
it is determined that it is necessary to view” the exhibit. We have
determined that it is not necessary for us to view the exhibit for the purpose
of resolving the issues presented on appeal, and we therefore deny Aljabban’s
application to deliver the sink/cabinet unit to the court of appeal.
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the new shampoo bowls replaced the two wall-mounted sinks that Shapiro
testified he installed. As also relevant here, Carrasco and Aljabban replaced
the water heater, locating it inside the sink/cabinet unit, as Carrasco believed
the preexisting water heater was old, and she wanted one with a larger
capacity. FISM was not aware that Carrasco and Aljabban replaced the
sinks and water heater, and according to the testimony of Shapiro and of an
FISM manager, FISM would have provided and installed new sinks and a
new water heater, if needed, using a licensed plumber.
D.    After Business at the Salon Declines, FISM Declines to Renew the
      Vendor’s Permit in 2013

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