Santizo v. Huerta CA2/5
After suffering burns at a backyard graduation party held at a friend’s home, Jonathan Santizo (plaintiff) brought a premises liability tort claim against Maria Huerta (Maria), the owner and landlord of the property where the party was held, and her brother, Elvis Huerta (Elvis) (collectively, defendants), who helped manage the property. The trial court granted defendants’ motion for summary judgment, reasoning plaintiff’s injuries were not foreseeable as a matter of law and were not caused by defendants. We are asked to decide whether the grant of summary judgment should be reversed for reasons procedural (an asserted error in granting judgment on a ground not raised in defendants’ moving papers) or substantive (the existence of a material dispute of fact concerning whether defendants owed plaintiff a duty of care).
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