Toveg v. Gross CA2/7

Filed 8/26/13 Toveg v. Gross CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

ISAAC TOVEG, B237948

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC442865) v.

ANDREA B. GROSS, et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, David L. Minning, Judge. Reversed. Isaac Toveg, in pro. per., for Plaintiff and Appellant. Gordon & Rees, Jason F. Meyer, Matthew G. Kleiner and Jon S. Tangonan for Defendants and Respondents.

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Isaac Toveg sued the prior owners of the property adjacent to his home, asserting that a broken sewer pipe on their property caused him to contract a bacterial illness. The property owners moved for and obtained summary judgment in the trial court. Toveg appeals. We reverse the summary judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2010, Toveg sued Andrea Gross and the Estate of Adam Goldstein, the prior owners of the home adjacent to his own, asserting negligence and premises liability based upon a broken sewer pipe that they allegedly failed to detect and repair. Toveg claimed that as a result of their failure to repair the sewer pipe, a foul odor was emitted from their property, causing him breathing and stomach problems; ultimately, he was diagnosed with stomach ailments and a Helicobacter pylori infection. The defendants moved for summary judgment on two grounds: (1) that the claims were barred by the statute of limitations; and (2) that Toveg could not demonstrate causation. The trial court granted summary judgment on both grounds. Toveg appeals.