Holding “courts should defer to the board's authority and presumed expertise” when it discharges its duty to repair a common area after a “reasonable investigation, in good faith and with regard for the best interests of the community association and its members”
Explaining firefighter's rule would not apply to a gasoline tank explosion which occurred independently of an electrical fire which was responsible for a fireman's presence at the house
Reversing summary judgment where “evidence does not conclusively establish that no rational inference of negligence can be drawn under the circumstances of this case”
233 Cal.App.3d 1505 (Cal. Ct. App. 1991) Cited 96 times
In Saldana, the appellate court upheld the grant of summary judgment in favor of an employer who had attempted to make a press safer by replacing a manufacturer-supplied safety device with another safety device.
Finding that the alleged defect in the pond was obvious and thus the former owners' liability ended with their transfer of possession and control of the property to new owners, despite the allegation of former owners' negligence in constructing the pond
82 Cal.App.4th 883 (Cal. Ct. App. 2000) Cited 36 times
In Martinez, Bank of America purchased a residential property at a foreclosure sale and subsequently filed an unlawful detainer action when the occupants refused to vacate the premises.
64 Cal.App.4th 1294 (Cal. Ct. App. 1998) Cited 27 times
Holding that two seconds is "too short a time to allow for reliable evasive action by an unsuspecting person seated at a picnic table, possibly with his or her back to the oncoming car."