Razeto v. City of Oakland

Opinion

CHRISTIAN, J.

Emanuel P. Razeto and Minnie P. Razeto have appealed from a summary judgment dismissing their complaint against respondents City of Oakland and East Bay Municipal Utility District (EBMUD).

[351]

The complaint sought recovery for property damage resulting from the alleged negligent installation and maintenance of a fire hydrant. Specifically, vandals allegedly turned on a fire hydrant located across the street from appellants’ house. The hydrant, having its spout pointed toward the street, directed a stream of water at appellants’ house, causing damage to the house and its contents.

Appellants contend that it was error for the court to grant respondents’ motion for summary judgment. Such a motion should be granted only if there is no triable issue as to any material fact. (Code Civ. Proc., § 437c.) In making this determination, the affidavits of the party moving for a summary judgment are to be strictly construed and those of the opposing party are to be liberally construed.

(DeSuza

v.

Andersack

(1976) 63 Cal.App.3d 694, 698 [133 Cal.Rptr. 920].)

Appellants’ complaint stated one cause of action for negligent installation and maintenance of the fire hydrant. Respondents moved for summary judgment on three grounds: (1) that the Tort Claims Act (Gov. Code, § 810 et seq.) immunized them from any liability resulting from injuries caused by firefighting equipment, (2) that the statute immunized them from any liability resulting from defectively designed firefighting equipment and (3) that there was no cause of action for a dangerous condition of property.

Respondents’ initial argument was that Government Code section 850.4 immunized them from the alleged negligent acts. Section 850.4 provides: “Neither a public entity, nor a public employee acting in the scope of his employment, is liable for any injury resulting from the condition of fire protection or firefighting equipment or facilities or . . . for any injury caused in fighting fires.”