Raposas
Raposas v. Stewart CA6
Opinion
Opinion
Danner, J.
I. FACTS AND PROCEDURAL BACKGROUND2
A. Facts Stewart and her husband, Michael Wheeler, reside in Milpitas. There is a porch “[i]mmediately outside” the front entrance to Stewart’s residence. The front porch has a light fixture that is activated by a motion sensor. A set of stairs comprising five steps descends from the porch; the stairs have a railing on one side. At the base of the porch stairs, a paved walkway begins and extends out towards the sidewalk. The paved walkway ends in a single step down that leads to a paved landing. The paved landing is parallel to the residence’s driveway and provides access to both the driveway and four, tiered stone discs that descend towards the sidewalk. The driveway and the path created by the stone discs are parallel to one another.
2 We draw the facts recited here from the record that was before the
trial court when it ruled on the motion for summary judgment (Gonzalez v. Interstate Cleaning Corp. (2024) 106 Cal.App.5th 1026, 1034 (Gonzalez); Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1037), including the parties’ separate statements of undisputed material facts. (See Kim v. County of Monterey (2019) 43 Cal.App.5th 312, 316,…