Lee v. Takao Building Development Co.

Opinion

ASHBY, J.

—Appellants Vin Jang T. Lee and Yeu Tsu N. Lee contest the award of a summary judgment in favor of respondent Takao Building Development Co., Ltd. (Takao). Appellants sued Takao and others in negligence and trespass for damages incurred due to the loss of lateral support of appellants’ building. The trial court found that appellants’ action against Takao had no merit and that there were no triable issues of fact.

Summary judgment may properly be granted only where no triable issue of material fact exists and where the moving party’s affidavits set forth sufficient facts to sustain a judgment in its favor. (Code Civ. Proc., § 437c;

Bank of Beverly Hills

v.

Catain

(1982) 128 Cal.App.3d 28, 33 [180 Cal.Rptr. 67].) On appeal from a summary judgment in favor of defendant, it is only necessary to determine whether there is any possibility that plaintiffs may be able to establish their case.

(Osmond

v.

EWAP, Inc.

(1984) 153 Cal.App.3d 842, 850 [200 Cal.Rptr. 674].)

The facts of this case are not in dispute. Appellants’ property is adjacent to a lot presently owned by Takao. Takao purchased the property in April 1982. At the time of the purchase, the property consisted of a concrete basement floor within an area of approximately 5,800 square feet. Prior to April 1982 a building stood on the lot. The building was seriously damaged by fire in October 1981 and was ordered demolished by the Los Angeles Building and Safety Department. G. G. Bauman, a remaining defendant in the underlying suit,

1

contracted with another defendant, Quality Wrecking,

[568]

and the building was demolished between November 4, 1981, and February 9, 1982. Takao became the owner of the property nearly two months after the completion of the demolition. In May 1982 appellants were advised that the demolition of the building removed the lateral support of the soil supporting the foundations of their building. Eventually, upon demand of the Building and Safety Department, appellants had the foundation reinforced at a cost of $87,000. They brought the underlying suit in this case to recover the expenditure and other consequential losses.