San Diego Premises Liability

San Diego Premises Liability Lawyers

“Premises liability” is a legal concept whereby property owners have a legal responsibility to keep their premises safe for visitors, guests and customers. This duty includes identifying potential hazards, fixing dangerous conditions promptly, and taking reasonable safety measures to prevent injuries. If property owners in San Diego fail to meet these obligations, injured parties can seek compensation through premises liability claims.
At Braff Law Car Accident Personal Injury Lawyers, our expert San Diego premises liability lawyers understand the complexities of relevant state laws and work hard to protect the rights of injured individuals. Our experienced San Diego premises liability attorneys have successfully handled numerous cases involving slip and fall accidents, trip and fall accidents, inadequate security, structural defects, and other dangerous property conditions throughout San Diego County.
Don’t let the insurance company downplay your suffering. Reach out to our supportive San Diego premises liability lawyers now at (619) 374-6193 or complete our FREE Case Review form. You can also send us a message stating, “I was hurt on someone else’s property”, or find us online with an easy search for “premises liability lawyer near me” in San Diego.
Schedule Your FREE Consultation With Our San Diego Premises Liability Attorney Now!

$1.1 M

Car Accident

$975 K

Construction Accident

$750 K

Car Accident

$360 K

Motorcycle Accident

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What Is Premises Liability?

“Premises liability” is a specific area of personal injury law that holds San Diego property owners and occupiers legally responsible for accidents and injuries occurring on their property. The foundation of premises liability is based on the following key principles:
  • Property owners in San Diego must exercise reasonable care to prevent foreseeable harm.
  • Under State Civil Code Section 1714, property owners in San Diego can be held liable when their negligence contributes to someone’s injury.
  • The law recognizes different categories of visitors: invitees (such as customers in San Diego stores), licensees (social guests) and trespassers, all with varying levels of duty owed to each group.

Obligations To Avoid Premises Liability

Property owners in San Diego have certain responsibilities to fulfill in order to maintain a safe environment:
  1. Regularly inspect their premises for any potential hazards.
  2. Identify dangerous conditions that could pose a risk to individuals on their property.
  3. Either remedy these hazardous situations or provide adequate warnings to inform people about the dangers present.
When San Diego property owners fail to meet these responsibilities and someone gets injured as a result, the injured party may seek compensation through a premises liability claim. Questions on how to begin your case? Search for “premises liability lawyer San Diego” and Braff Law Firm’s attentive personal injury attorneys will be pleased to speak with you anytime 24/7.
Premises Liability in San Diego

File Your Claim on Time or You Could Miss Out!

Filing your premises liability injury claim on time is crucial in San Diego. The law requires premises liability claims to be filed within 2 years of the incident. Missing this deadline can result in losing your right to seek compensation, regardless of personal injury severity or case strength. Acting promptly ensures your premises liability claim is preserved and maximizes potential recovery. Our knowledgeable San Diego premises liability lawyers provide immediate legal guidance to protect your rights and build a strong case before the statute of limitations expires.

Common Types of Premises Liability Cases

Property owners in San Diego can be legally responsible for various incidents that happen on their property when negligence contributes to visitor injuries. Understanding these common situations helps our skilled San Diego premises liability lawyers identify when property owners may be held accountable for accidents.

Facility-Related Accidents

Specially constructed San Diego premises present unique hazards requiring enhanced safety measures. Examples include:
  • Elevator accidents resulting from mechanical failures or inadequate premises maintenance protocols
  • San Diego swimming pool accidents involving inadequate fencing, missing safety equipment, or improper chemical maintenance
  • San Diego amusement park injuries stemming from ride malfunctions or insufficient safety protocols
  • Fires caused by faulty wiring, blocked exits, or inadequate fire suppression systems creating additional liability concerns for San Diego property owners
  • Slip and Fall Accidents and Trip and Fall Accidents

    Slip and fall accidents are the most common San Diego premises liability claims, usually caused by:
  • Wet or slippery surfaces without proper warning signs
  • Uneven flooring or torn carpeting
  • Inadequate lighting in walkways
  • Ice or snow buildup on San Diego sidewalks
  • Trip and fall accidents happen when visitors encounter unexpected obstacles or surface irregularities, resulting in significant injuries and potential loss of income during injury recovery periods.

    Structural and Maintenance Failures

    Building collapses and structural defects pose severe risks to occupants. Property owners in San Diego must maintain safe conditions through regular inspections and prompt repairs of defective construction materials, deteriorating support structures and compromised foundations. Our meticulous San Diego premises liability lawyers at Braff Law Firm can identify any and all of such defects.

    Animal-Related Injuries

    Dog bites and animal attacks create liability when San Diego property owners fail to properly restrain aggressive animals (or warn visitors of potential dangers). Our state’s strict premises liability laws hold owners responsible for dog bite injuries, regardless of the animal’s previous behavior.

    Key Statistics, Causes and Locations of Premises Liability Cases in San Diego

    Premises liability incidents represent a significant portion of personal injury cases throughout San Diego County. Some key premises liability statistics include:
    • California reports tens of thousands of premises liability incidents annually
    • San Diego is accountable for about 9% of all state premises liability cases
    • Slip and fall accidents account for approximately 15% of all accidental deaths in the United States
    • Nearly 40% of all premises liability cases are based on slip and fall accidents and trip and fall accidents

    High-Risk San Diego Premises Liability Locations

    San Diego’s diverse landscape creates unique premises liability risks across various property types:
  • Retail establishments in San Diego shopping centers like Fashion Valley and UTC
  • San Diego hotels and resorts throughout the coastal areas
  • Apartment complexes and condominiums in densely populated SD neighborhoods
  • San Diego public facilities including parks, beaches and municipal buildings
  • Construction sites in rapidly developing areas like Downtown San Diego and Hillcrest
  • Weather conditions, particularly during San Diego’s rainy season, significantly increase the likelihood of slip and fall premises liability incidents on both public and private properties.

    Primary Causes of San Diego Premises Liability Incidents

    The leading causes of property-related injuries in San Diego include:
  • Wet or slippery surfaces from spills, cleaning activities, or San Diego weather conditions
  • Uneven walkways and cracked pavement in San Diego parking lots and sidewalks
  • Inadequate lighting in stairwells and San Diego parking garages and building entrances
  • Defective handrails and missing safety barriers
  • Poorly maintained San Diego swimming pools and recreational facilities
  • What To Do After a Premises Liability Accident in San Diego

    Taking the right actions immediately following an injury involving premises liability in San Diego can significantly impact both your recovery and the strength of your legal claim. The decisions you make in the first hours and days after an accident often determine the success of any future premises liability compensation efforts.

    Step 1: Seek Immediate Medical Attention

    Your health is the top priority. Even if injuries seem minor, get evaluated by a San Diego medical professional promptly to document your condition and begin necessary treatment.

    Step 2: Document Everything at the Injury Scene

    Collect evidence by taking photos of the hazardous condition, your injuries, and the accident location in San Diego. Obtain contact information of accident witnesses and report the incident to property management or owners.

    Step 3: Preserve Records and Evidence

    Keep all medical records, bills, and correspondence related to the premises liability accident. Maintain copies of any reports or communications with insurance companies to support your San Diego personal injury claim.

    Step 4: Contact a San Diego Premises Liability Lawyer

    Consult with an experienced San Diego premises liability lawyer from Braff Law Firm immediately. Our skilled injury attorneys in San Diego will protect your rights, help gather critical evidence, navigate legal procedures, and fight for the maximum compensation you deserve.

    Free San Diego Premises Liability Attorney Consultation

    Getting injured on someone else’s property can be stressful and costly. Our skilled San Diego premises liability attorneys offer a free consultation to explain your rights and legal options. We investigate your accident, gather evidence, and hold negligent property owners accountable for unsafe conditions like slippery floors, poor lighting, or lack of security. From negotiating with insurance companies to seeking maximum compensation for medical bills, lost wages, and pain and suffering, we’re here to protect your future and fight for the justice you deserve.

    What is the average settlement for a premises liability claim?

    Injury Severity Average Settlement Premises Liability Injuries
    Mild Injuries $10,000 – $25,000 Minor bruises, sprains, or cuts requiring minimal medical
    treatment; short recovery period
    Moderate Injuries $25,000 – $150,000 Broken bones, moderate fractures, or injuries needing
    surgery and physical therapy; longer recovery
    Severe Injuries $150,000 – $1,000,000+ Permanent disability, traumatic brain injuries, or severe burns causing
    long-term impairment and extensive medical care

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    Ron P. ★★★★★ I was facing a complex legal issue and felt overwhelmed until I reached out to Braff Law. Their team provided me with expert guidance and support, alleviating much of my stress.Ha S. ★★★★★ Working with Braff Law was a refreshing experience compared to my past encounters with law firms. They were transparent about the process and kept me informed at every stage. Highly Recommend!Adriana R. ★★★★★ Very helpful quick response thank you!Isaac F. ★★★★★ I saw some great reviews for Braff Injury Law Firm online and decided to hire them for my case. Thank you to Elan for his work.Linda B. ★★★★★ Thank you for the fantastic service and comfort you gave us during this unfortunate time. You always made our days more hopeful and brighter. We are thrilled with the result, and can't thank you enough. Appreciate the hard work!!Kyle T. ★★★★★ Braff Law goes the extra mile to help their clients. They treat you as a person instead of a paycheck. They fight for you and help you get the right care that you deserve. They are the best at what they do! 5 stars to the whole team at Braff.Elliot J. ★★★★★ After I had my accident, I was very unaware what to do, what not to say to the insurance company, and how to proceed. One thing I learned is, never deal with the insurance company directly. If you want to get the maximum compensation for your injuries, call a personal injury attorney!! I'm very glad I called these guys over anyone else. They are experts at what they do!!!Harrison P. ★★★★★ In my opinion the most compassionate group of lawyers in California. Thank You for your help.js_loader

    Recent Notable San Diego Premises Liability Lawsuit Cases

    The courts have handled several significant premises liability lawsuit cases that demonstrate the serious financial consequences property owners face when safety standards are neglected:

    $352,000,000

    Cruz vs. Allied Aviation

    An airport worker, Ulysses Cruz, was paralyzed from the chest down and later suffered a stroke which rendered his right arm feeble, after he was struck by a re-fuelling van and his body bounced several times before he collapsed on the airport tarmac. The premises liability lawsuit jury verdict awarded the victim a nuclear verdict of $352 million.

    $85,000,000

    Multiple Employees vs. Chemical Company

    On the premises of a workplace, a sudden accident involving a powerful explosion and ensuing fire occurred, from which numerous employees were badly injured. The personal injury lawsuit culminated in $85 million awarded to victims for premises liability, negligent tort, workplace injury and burn injuries.

    $39,100,000

    Garcia-Tafolla vs. County of San Luis Obispo et al.

    In one of the largest personal injury cases of 2023, Daniel Garcia-Tafolla suffered extensive injuries and quadriplegia as the result of a motorcycle accident which was ruled to be caused by premises liability from a California government entity. The victim was awarded a $39.1 million premises liability settlement.

    $26,000,000

    Gonzalez vs. Construction Company

    A day laborer was severely injured when he was attempting to grease a construction site elevator. The success of the injury lawsuit was predicated on proving this unfortunate incident was in fact a premises liability case and not a workers compensation case.

    What is your San Diego Premises Liability case really worth?

    Get your free Consultation with a San Diego Premises Liability Lawyer

    How Much Can You Get for a Premises Liability Claim in San Diego?

    The compensation available in San Diego premises liability cases varies significantly based on the severity of injuries and circumstances surrounding the incident. State law recognizes 2 primary categories of damages that injured parties may recover from a case centered on premises liability:

    Economic Damages

    Economic damages represent quantifiable financial losses directly resulting from the premises liability incident:
  • Medical expenses including San Diego emergency room visits, hospital stays, surgeries, medications, and ongoing rehabilitation
  • Lost wages from time away from work during injury recovery
  • Future medical costs for continued injury treatment or long-term care needs
  • Property damage to personal belongings damaged during the accident
  • Transportation costs for medical appointments and treatment in San Diego
  • Non-Economic Damages

    Non-economic premises liability damages compensate for intangible losses that significantly impact quality of life:
  • Pain and suffering endured both during and after the accident
  • Emotional distress including anxiety, depression, or trauma resulting from the accident
  • Loss of enjoyment of life and inability to participate in previously enjoyed activities
  • Disfigurement or permanent disability affecting daily functioning
  • Loss of consortium affecting relationships with family members in San Diego and elsewhere
  • Punitive Damages

    In premises liability cases involving particularly egregious conduct by a San Diego property owner, courts may award punitive damages. These damages serve to punish defendants and deter similar behavior (though they remain relatively uncommon in San Diego premises liability cases unless gross negligence or intentional misconduct is proven).
    The total compensation amount depends on factors such as injury severity, long-term prognosis, age of the victim, and the defendant’s degree of negligence. When you’re searching for “premises liability lawyer San Diego”, rest assured that Braff Law Firm’s local expert attorneys will pursue every type of compensation to which you are entitled.

    ELEONORA ZELTSER: Honored by the Brain Injury Association of America

    If you or a loved one has suffered due to premises liability in San Diego, obtaining immediate medical care and skilled legal representation is paramount. Braff Law Car Accident Personal Injury Lawyers proudly announces that our lead San Diego TBI attorney, Eleonora Zelster, has been honored as a “Preferred Attorney” by the Brain Injury Association of America (BIAA).
    Eleonora’s proven track record of handling premises liability claims successfully has earned her this distinguished accolade. Victims of premises liability in San Diego dramatically increase their likelihood of securing substantial compensation when represented by an attorney endorsed by the BIAA. Moreover, victims represented by Eleonora Zelster at Braff Law Firm consistently obtain higher settlements compared to ordinary San Diego premises liability lawyers.
    BIAUSA - Premises Liability

    Why Do I Need a Lawyer for Premises Liability in San Diego?

    The best San Diego premises liability lawyers are your staunch advocate throughout every stage of the legal process. They start with an initial consultation where they evaluate your premises liability case and explain your rights under state law. These legal professionals conduct thorough investigations, gathering crucial evidence such as surveillance footage, maintenance records, and witness statements to build a strong premises liability case for you.
    At Braff Law Car Accident Personal Injury Lawyers, our knowledgeable San Diego premises liability lawyers handle all communications with insurance companies and opposing counsel, protecting you from tactics designed to minimize your compensation. They work with San Diego medical experts, accident reconstruction specialists, and other professionals to establish the full extent of your injuries (and their impact on your life).
    Professional San Diego premises liability lawyer services can be summarized thus:
    • Premises liability case evaluation and investigation
    • Evidence collection and preservation
    • Negotiation with San Diego insurance companies
    • Court representation if settlement fails
    • Coordination with San Diego medical professionals

    Financial Protection: The “No Win, No Fee” Contingency Fee Method

    A contingency fee structure eliminates financial barriers to high-quality legal representation from a San Diego premises liability lawyer. Under this “no win, no fee” contingency fee arrangement, clients pay premises liability attorney fees only when their case results in a successful settlement or lawsuit verdict. This payment model aligns your San Diego premises liability lawyer’s interests with yours, ensuring they remain motivated to pursue the maximum possible compensation.
    This contingency fee structure allows injured parties to access experienced legal representation regardless of their current financial situation, making justice accessible to all San Diego residents who suffer premises-related injuries.

    How To Find the Right Lawyer for Premises Liability in San Diego

    When you’ve been injured and you’re left asking yourself how to find the right lawyer for premises liability in San Diego, this task requires careful evaluation of specific qualifications and expertise. During your search for a “personal injury lawyer near me” in San Diego, several critical factors distinguish exceptional legal representation from average practitioners. Essential qualities to evaluate when you’re looking for the best San Diego premises liability lawyer include:

    Track Record of Success:

    Review case results and settlements in San Diego premises liability matters

    Client Communication Standards:

    Evaluate responsiveness and clarity in explaining premises liability legal processes

    Trial Experience:

    Confirm willingness and ability to take premises liability cases to court when necessary

    Resources and Investigation Abilities:

    Assess the premises liability lawyer’s ability to conduct thorough accident reconstructions and expert witness consultations

    Specialist Experience:

    Verify extensive background handling slip and fall, trip and fall, structural failure, and San Diego property-related injury cases

    Expert San Diego Premises Liability Knowledge

    Working with an experienced premises liability attorney familiar with San Diego’s unique legal landscape provides distinct benefits. The best San Diego personal injury lawyers understand county court procedures, relationships with judges, and regional property codes that impact premises liability cases. They possess knowledge of San Diego’s specific building regulations, municipal ordinances, and common property hazards prevalent in the area.
    A successful San Diego premises liability lawyer should have established connections to local medical professionals, slip and fall accident reconstruction specialists, and expert witnesses who can strengthen your case significantly. Their familiarity with San Diego insurance companies and defense attorneys often leads to more effective negotiations and strategic advantages during litigation proceedings.

    How a Premises Liability Lawyer Proves Negligence

    Successfully establishing negligence in a San Diego premises liability case requires plaintiffs to demonstrate 4 essential legal elements. Each component must be proven with sufficient evidence to build a compelling personal injury case for compensation. At Braff Law Car Accident Personal Injury Lawyers in San Diego, our exceptional premises liability lawyers are successful and experienced and demonstrating all 4 legal elements:

    The 4 Essential Elements of Premises Liability

    1. Duty of Care: San Diego property owners must maintain reasonably safe conditions for lawful visitors. This legal obligation varies depending on the visitor’s status: invitees receive the highest level of premises liability protection, while trespassers are owed minimal duty.
    2. Breach of Duty: The property owner failed to meet their responsibility by either creating a dangerous condition on their premises, allowing one to exist, or failing to warn visitors of known hazards.
    3. Causation: A direct link must exist between the San Diego property owner’s breach of duty and the plaintiff’s injuries. The hazardous condition must be the proximate cause of the accident to establish premises liability.

    4. Actual Damages: Plaintiffs must have suffered measurable harm, including physical injuries, medical expenses, lost wages or other quantifiable losses.

    Establishing these elements requires thorough investigation and expert legal analysis from a skilled premises liability lawyer. Getting your FREE case review with an experienced San Diego personal injury attorney helps determine the strength of your premises liability claim and identify crucial evidence needed for success.

    San Diego Premises Liability Attorneys – Frequently Asked Questions

    Insurance companies often attempt to minimize claim payouts by disputing premises liability or undervaluing damages. The best San Diego premises liability lawyers should negotiate aggressively with insurers to protect your interests and secure fair compensation for medical bills, lost wages, pain and suffering, and more.

    Yes. In San Diego, tenants can hold landlords responsible if the landlord fails to maintain safe premises, or neglects repairs that lead to dangerous conditions. A skilled San Diego premises liability lawyer can help tenants understand their rights and pursue injury claims against negligent landlords.

    Injuries on San Diego public or government-owned property involve specific legal procedures and time limits, often different from private property cases. A knowledgeable San Diego premises liability attorney from Braff Law Firm can guide injured parties through the complex governmental claims process to ensure deadlines and requirements are met.

    The law in San Diego follows a comparative negligence system, meaning if the injured party is partly at fault for their injury, their premises liability compensation may be reduced proportionally. The best personal injury lawyer in San Diego should analyze every piece of premises liability evidence to minimize blame assigned to you and pursue maximum compensation.

    Hiring an experienced San Diego premises liability lawyer offers numerous advantages:

    Comprehensive Case Handling: Premises liability lawyers coordinate investigations, medical evaluations, and expert testimony to build strong cases.
    Negotiation Power: Lawyers have experience dealing with insurance companies’ tactics to pursue maximum settlements.
    Contingency Fee Arrangement: Clients pay nothing upfront; fees are only collected when compensation is awarded.
    Peace of Mind: A premises liability lawyer allows injured parties to focus on recovery while they manage all legal aspects effectively.

    When you choose to hire a skilled San Diego premises liability lawyer from Braff Law Firm, it significantly improves your chances of obtaining fair compensation for all your injuries and losses.

    When you need to contact the best personal injury lawyer in San Diego for your case, you should do so promptly – premises liability evidence can disappear, witnesses may become unavailable, and legal deadlines apply. Early involvement of a qualified San Diego premises liability lawyer ensures thorough investigation, preservation of evidence, and timely filing of claims.

    Get Your FREE Case Review With Our San Diego Premises Liability Lawyers

    Time is a critical factor when you’re seeking justice in a premises liability case. In San Diego, you have 2 years to file an injury claim; waiting too long could mean you lose your right to compensation. Our meticulous San Diego premises liability lawyers understand how urgent your situation is and offer an immediate, no-cost review to evaluate your case. During your FREE case review, your skilled San Diego premises liability lawyer from Braff Law Firm will:
  • Assess the strength of your premises liability claim
  • Identify all potentially liable parties
  • Explain all your legal rights and options
  • Discuss potential compensation amounts
  • Answer your questions without obligation
  • Don’t navigate the complex premises liability legal process alone. Discuss your case with our supportive San Diego premises liability attorneys now at (619) 374-6193 or fill in our FREE Case Review form. You can also send us an online message stating, “I was hurt on someone else’s property”, or in San Diego, find us online with an easy search for “personal injury lawyer near me”.

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    Floor 2 · Dry Creek Village
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    Open 24 hours

    Pasadena

    732 N Lake Ave Ste 102B, Pasadena, CA 91104
    +1 626-790-1878
    Open 24 hours

    Pleasant Hill

    399 Taylor Blvd #210B, Pleasant Hill, CA 94523
    +1 925-489-2323
    Open 24 hours

    Porterville

    1095 W Linda Vista Ave Unit 1, Porterville, CA 93257
    +1 559-306-6154
    Open 24 hours

    Redondo Beach

    1611 S Pacific Coast Hwy #304B, Redondo Beach, CA 90277
    +1 424-327-8641
    Open 24 hours

    Rocklin

    4470 Yankee Hill Rd Suite 200, Rocklin, CA 95677
    +1 888-294-5691
    Open 24 hours

    Monterey Park

    7422 Garvey Ave Unit 301, Rosemead, CA 91770
    +1 626-559-0063
    Open 24 hours

    Sacramento

    3810 Broadway Suite 29, Sacramento, CA 95817
    +1 916-999-9176
    Open 24 hours

    Salinas

    971 N Main St Suite 207, Salinas, CA 93906
    +1 831-313-2660
    Open 24 hours

    San Bernardino

    254 S Waterman Ave #37, San Bernardino, CA 92408
    +1 909-361-3397
    Open 24 hours

    San Clemente

    501 N El Camino Real #295, San Clemente, CA 92672
    +1 888-304-5551
    Open 24 hours

    San Diego

    4379 30th St #4B, San Diego, CA 92104
    +1 619-374-6193
    Open 24 hours

    San Francisco

    490 Post St Suite 939, San Francisco, CA 94102
    +1 415-964-3969
    Open 24 hours

    San Jose

    2150 N First St Suite 707, San Jose, CA 95131
    +1 408-539-5195
    Open 24 hours

    San Leandro

    444 Estudillo Ave C, San Leandro, CA 94577
    +1 510-516-3555
    Open 24 hours

    San Ramon

    111 Deerwood Rd Suite 200B, San Ramon, CA 94583
    +1 925-967-2411
    Open 24 hours

    Santa Ana

    830 S Main St #221, Santa Ana, CA 92701
    +1 714-486-0286
    Open 24 hours

    Santa Clara

    4701 Patrick Henry Dr #25, Santa Clara, CA 95054
    +1 408-791-3970
    Open 24 hours

    Santa Paula

    217 N 10th St, Santa Paula, CA 93060
    +1 805-317-0041
    Open 24 hours

    Stockton

    1313 W Robinhood Dr Suite a3 1, Stockton, CA 95207
    +1 209-546-6086
    Open 24 hours

    Thousand Oaks

    325 Rolling Oaks Dr # 201, Thousand Oaks, CA 91361
    +1 805-409-9733
    Open 24 hours

    Turlock

    735 E Main St Suite E, Turlock, CA 95380
    +1 209-417-6243
    Open 24 hours

    Union City

    2919 Whipple Rd Suite #105, Union City, CA 94587
    +1 510-516-4161
    Open 24 hours

    Vacaville

    130 Allison Ct Suite H2, Vacaville, CA 95688
    +1 707-474-6058
    Open 24 hours

    Vallejo

    425 Virginia St STE C, Vallejo, CA 94590
    +1 707-474-6056
    Open 24 hours

    Visalia

    2008 W Dorothea Ave Suite 205, Visalia, CA 93277
    +1 559-414-8007
    Open 24 hours

    Watsonville

    420 Main St Unit 306, Watsonville, CA 95076
    +1 831-288-8863
    Open 24 hours

    Woodland Hills

    6320 Canoga Ave 15th Floor, Suite 1520, Woodland Hills, CA 91367
    +1 747-281-4001
    Open 24 hours

    Yorba Linda

    4811 Eureka Ave B-4, Yorba Linda, CA 92886
    +1 714-475-1967
    Open 24 hours
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