Defendant Sean A. Amin’s Motion for Summary Judgment – GRANTED.
Defendant, as moving party, has met the burden of establishing prima facie entitlement to judgment herein based upon the evidence submitted in support of the motion; the burden then shifts to Plaintiffs to produce admissible evidence demonstrating the existence of a triable issue of material fact. (Code Civ. Proc. §437c(p)(2).) The Court finds that Plaintiffs have failed to meet their burden in this regard. Specifically, Plaintiffs have failed to demonstrate facts establishing that Defendant had actual or constructive knowledge of the alleged latent defect on the premises. Moreover, the law does not support Plaintiffs’ theory that notice was imputed to Defendant in connection with alleged defects in the original design and/or construction of the premises under the circumstances in this case. (RSB Vineyards, LLC v. Orsi (2017) 15 Cal.App.5th 1089.) Therefore, the Court finds that Defendant has established the absence of lia