Leyva v. Garcia

Plaintiffs filed suit against their landlord for alleged negligence after a fire in an upstairs apartment caused injuries to several tenants. The Court of Appeal affirmed the trial court's grant of summary judgment for the landlord, holding that defendant met his initial burden of presenting prima facie evidence that plaintiffs would not be able to establish the element of causation. The court also held that plaintiffs' reference to the discrepancy in the declaration of an expert fire investigator without evidence to establish the significance thereof on the issue of causation, was insufficient to create a triable issue of material fact; plaintiffs never properly alleged a cause of action based on a failure to warn theory; potential inferences that arguably arose under the evidence offered by defendant were not sufficient to create a triable issue of fact; and plaintiffs' 11th-hour spoliation claim was properly disregarded by the trial court under the circumstances. View "Leyva v. Garcia" on Justia Law