DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
TENTATIVE RULING:
Defendant JAMES IRIZARRY’s Motion for Summary Judgment is DENIED. There are triable issues of material fact which preclude a grant of summary judgment pursuant to Code Civ. Proc. § 437c(c). Specifically, triable issues exist as to Defendant’s Separate Statement of Undisputed Material Facts, UMF Nos. 4 and 5. Accordingly, the motion is denied.
Plaintiffs submit the declaration of Fire Marshal Denise Enea, who states that she arrived at the property while it was still burning, and “personally witnessed rodents fleeing the premises as the house burned”. Rodents had also infiltrated the electrical system at the residence, chewing the insulation off electrical wires and exposing them, and potentially allowing a buildup of heat, sparks or electrical shorts. (Decl. Enea ¶ 5.) Ms. Enea states that she determined the origin of the fire was in the kitchen, and that the likely ignition source was the electrical system. (Decl. Enea ¶ 6.)
Ms
Hearing Date
December 20, 2017
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DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
TENTATIVE RULING:
Defendant JAMES IRIZARRY’s Motion for Summary Judgment is DENIED. There are triable issues of material fact which preclude a grant of summary judgment pursuant to Code Civ. Proc. § 437c(c). Specifically, triable issues exist as to Defendant’s Separate Statement of Undisputed Material Facts, UMF Nos. 4 and 5. Accordingly, the motion is denied.
Plaintiffs submit the declaration of Fire Marshal Denise Enea, who states that she arrived at the property while it was still burning, and “personally witnessed rodents fleeing the premises as the house burned”. Rodents had also infiltrated the electrical system at the residence, chewing the insulation off electrical wires and exposing them, and potentially allowing a buildup of heat, sparks or electrical shorts. (Decl. Enea ¶ 5.) Ms. Enea states that she determined the origin of the fire was in the kitchen, and that the likely ignition source was the electrical system. (Decl. Enea ¶ 6.)
Ms