Brandon Rivera vs Hillpointe Construction Inc et al

Case No.: 15CV02132    

Nature of Proceedings: Motion: Summary Judgment

TENTATIVE RULING:

For the reasons set forth herein, the motion of defendants Hollister Business Park, Ltd. and Santa Barbara Capital for summary judgment is denied.

Background:

This is a motion for summary judgment of an action for wrongful death of an employee who fell through a skylight.

(1) Facts

Defendant Hollister Business Park, Ltd. (Hollister) is the owner of real property located at 7406 Hollister Avenue, Goleta, California (the Property). (Plaintiff’s Response Separate Statement [PSS], undisputed facts 2, 9.) Defendant Santa Barbara Capital (SB Capital) is and has been the exclusive agent of Hollister for the management and control of the Property. (PSS, undisputed facts 3, 10.)

On August 13, 2013, Hollister and SB Capital hired defendant Hillpointe Construction, Inc., (Hillpointe) to pressure wash and paint the exterior of the........