Plaintiff and appellant Yanira Garcia Ramirez Castellon (plaintiff) appeals the summary judgment entered in favor of defendant and respondent U.S. Bancorp (defendant), as trustee of the Luis Villalobos Settlement Trust (the Trust), in this action for negligence and premises liability for injuries sustained when plaintiff slipped and fell outside a residence owned by the Trust. We affirm the judgment.
In May 2009, plaintiff rented a room in a detached garage located on Broadway in Huntington Park, California (the property). Maria Luisa Villalobos, also known as Maria Luisa Hernandez (Hernandez), and her family lived in a house located on the property. The property was owned by the Trust, and defendant was the trustee of the Trust.
At approximately 10:00 p.m. on May 28, 2009, plaintiff was leaving the house through the kitchen door and fell on concrete steps located outside the kitchen door at the rear of the house. Plaintiff sued defendant in its personal capacity and as trustee of the Trust for negligence and premises liability, claiming the steps on which she fell constituted a dangerous condition.
Defendant moved for summary judgment on the grounds that it was not personally liable for any of plaintiff's injuries because there was no evidence that defendant intentionally or negligently acted in a manner that establishes fault. Defendant further argued that plaintiff's causes of action for negligence or premises liability failed because she could not establish the elements of duty, breach of duty, and causation. Defendant's motion was supported by a separate statement of undisputed material facts stating the sole basis for plaintiffs' claims against defendant was the absence of lighting at the stairs; plaintiff knew it was dark outside at the time of the accident; a properly functioning light was located outside the kitchen door at the top of the stairs; and plaintiff did not turn on the light because she could not find the light switch. Defendant's separate statement also pointed out that Hernandez's house had a front door through which plaintiff could have entered or exited. Defendant's separate statement was supported by plaintiff's deposition testimony and her discovery responses.
Plaintiff opposed the summary judgment motion, arguing that triable issues of fact existed as to whether the absence of lighting was the sole cause of her
The trial court granted defendant's motion, and judgment was subsequently entered in defendant's favor. This appeal followed.
Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) A defendant moving for summary judgment bears the initial burden of proving there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc., § 437c, subd. (p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037 [128 Cal.Rptr.2d 660].) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849 [107 Cal.Rptr.2d 841, 24 P.3d 493].) If the plaintiff does not make such a showing, summary judgment in favor of the defendant is appropriate. In order to obtain a summary judgment, "all that the defendant need do is to show that the plaintiff cannot establish at least one element of the cause of action .... [T]he defendant need not himself conclusively negate any such element ...." (Id. at pp. 853-854.)
The undisputed evidence shows that the Trust, and not defendant, was the owner of the property at the time of the accident. Defendant accordingly cannot be held liable for plaintiff's injuries unless it was "personally at fault" by intentionally or negligently committing a tort. (Prob. Code, §§ 18001, 18002.)
Plaintiff argues that defendant may be held vicariously liable for Hernandez's conduct in ignoring plaintiff's requests for assistance in turning on the exterior light and that triable issues of fact exist as to whether Hernandez was defendant's agent. Plaintiff presented no evidence to support the existence of an such an agency relationship. That Hernandez was the mother of the Trust's beneficiary, or that she was authorized, as a member of the Trust's advisory committee, to advise the trustee regarding payments to be made for the benefit of the beneficiary, creates no triable issue as to whether she was defendant's agent.
Plaintiff's cause of action for premises liability fails because there is no evidence of a dangerous condition on the property. Plaintiff's premises liability claim, like her claim for negligence, is based on the alleged lack of adequate lighting. It is undisputed, however, that there was a functioning light at the location where plaintiff fell, and that Hernandez was able to turn on the light immediately after plaintiff's fall. Plaintiff contends defendant's May 2009 inspection constituted constructive notice of the dangerous condition on the property because the inspection should have disclosed her tenancy on the property. Had defendant been aware of her tenancy, plaintiff argues, it "would have been able to consider the sufficiency of the existing lighting" and the possibility that she would periodically enter and exit the main house. Plaintiff's argument ignores the fundamental question of whether a dangerous condition existed on the property. Neither the May 2009 property inspection report, nor defendant's actual or constructive knowledge of plaintiff's tenancy, raises any triable issue regarding the existence of a dangerous condition.
Summary judgment was properly granted in this case.
The judgment is affirmed. Defendant is awarded its costs on appeal.
Boren, P. J., and Ferns, J.,