13. BC562509
SOUTHERN CALIFORNIA EDISON v CABRAL ROOFING & WATERPROOF
Motion for Summary Judgment
Case Management Conference

The Second Amended Complaint alleges as follows: The Plaintiff employed the Defendant to provide roofing services on a building. The Defendant acted negligently and breached the contract by failing to secure the worksite and prevent water damage during a rain event.
CAUSES OF ACTION IN SECOND AMENDED COMPLAINT:
1) Negligence
2) Breach of Contract

This hearing concerns the motion for summary judgment of the Defendant. Under CCP section 437c, the Defendant has the burden of showing that an essential element cannot be established in each cause of action or that an affirmative defense bars the claims.

1. First Cause of Action for Negligence
The Defendant argues that the Plaintiff cannot establish that it had a duty or that it caused the damages because the incident was unforeseeable and the rain event, not the Defendant, c