Nature of Proceedings: Motion: Summary Judgment
For the reasons set forth herein, the motion of defendant Helen Michaels for summary judgment is denied.
Defendant Helen Michaels owns and resides at 4595 Camino del Mirasol, Santa Barbara, California. (Defendant’s Separate Statement [“DSS”], undisputed fact 1.) The house is a single family dwelling with an attached garage. (DSS, undisputed fact 2.) Attached to the garage (but not to the house) is a laundry room. (DSS, undisputed fact 3.) The laundry room has a separate entrance door from the garage that is accessed via the backyard and there is a door that goes between the laundry room and the garage. (DSS, undisputed fact 4.) A water heater is located in the laundry room. (DSS, undisputed fact 5.)
Sometime in August 2010, Michaels contacted defendant Octavio Perez, whom she considered a handyman, to remove linoleum/ vinyl tile flooring in the laundry room. (DSS, undisputed fact 6.) (Note: defendant Octavio Perez is a