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Brantley v. Pisaro2/29/1996
DIBIASO, J.
The trial court granted the motion for summary judgment filed by respondent Frank R. Pisaro and thereafter entered judgment dismissing the action brought by appellant Carl H. Brantley. We will reverse. We will conclude that a defendant moving for summary judgment (or summary adjudication) under Code of Civil Procedure section 437c, as amended in 1992 and 1993, may still show the plaintiff's cause of action has no merit by demonstrating that the undisputed facts negate the existence of one or more essential elements of the cause of action.
PROCEDURAL FACTS
Appellant Carl H. Brantley filed his action for damages for personal injuries on July 16, 1993. Appellant's complaint contained a single cause of action for negligence. In relevant part, the complaint stated that on or about June 1, 1992: "while [appellant] was descending a stairway located at 5874 Arbolada Drive, LaGrange, California, the railing of the stairway pulled away from the wall to which it was attached, causing to fall and sustain serious injuries."
Respondent Frank R. Pisaro was alleged to have "negligently owned, maintained, managed and operated" the premises located at 5874 Arbolada Drive, LaGrange, California.
On April 13, 1994, respondent filed and served a motion for summary judgment with supporting papers and argument. Respondent claimed appellant's lawsuit had no merit and there did not exist a triable issue of fact. Appellant filed papers in opposition to the motion.
The hearing on respondent's motion for summary judgment was held on August 8, 1994. The trial court granted the motion by written order on November 10, 1994. In its order, the trial court found in relevant part: "there are no facts which would support a disputed issue as to whether or not there was a dangerous or defective condition and that [respondent] either created the condition or had notice of that condition." The judgment from which appellant takes this appeal was entered on December 2, 1994.
Discussion
I.
Section 437c was amended in 1992 and 1993. The amended statute provides in part that a defendant moving for summary judgment or summary adjudication "has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the [plaintiff's] cause of action . . . cannot be established . . . ." (§ 437c, subd. (o)(2); Union Bank v. Superior Court, (supra) , 31 Cal. App. 4th at p. 585, italics added.) Once the moving defendant has satisfied this obligation, the burden shifts to the plaintiff to demonstrate a triable issue of material fact as to the existence of the element or elements challenged by the defendant. (§ 437c, subd. (o)(2); Union Bank v. Superior Court, (supra) , 31 Cal. App. 4th at pp. 583, 590.) To do so, the plaintiff may not rely upon the "mere allegations . . . of its pleadings" and instead must show by "specific facts" that the requisite triable issue of material fact is present. (§ 437c, subd. (o)(2).)
The revision of section 437c overruled Barnes v. Blue Haven Pools (1969) 1 Cal. App. 3d 123, 127 [81 Cal. Rptr. 444], insofar as it held that a defendant seeking a summary judgment was required to " 'negative the matters which the resisting party would have to prove at the trial.' " ( Union Bank v. Superior Court, (supra) , 31 Cal. App. 4th at pp. 582, 587-588.) Thus, a defendant is no longer compelled to disprove an essential element of the plaintiff's cause of action in order to obtain a summary judgment, as was the case before advent of the amendments (see, e.g., Do It Urself Moving & Storage, Inc. v. Brown, Leifer, Slatkin & Berns (1992) 7 Cal
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