Bisetti

This case is an appeal from the granting of summary judgment in favor of a lessor, defendant and respondent United Refrigeration Corporation (hereinafter referred to as United), against a trespasser, plaintiff and appellant Henry Raymond Bisetti (hereinafter referred to as Bisetti). The issue involves whether an individual who is illegally present on leased property and who falls into a vat of acid while trespassing, can, under the factual posture set forth in the motion, recover against the landlord of said property.

“Summary judgment may only be granted if no material fact issue remains in the case. Where affidavits have been submitted by the opposing parties, any doubts as to whether summary judgment is proper should be resolved against the moving party. [Citation.]” (Buehler v. Oregon-Washington Plywood Corp. (1976) 17 Cal.3d 520, 526 [ 131 Cal.Rptr. 394 , 551 P.2d 1226 ].) It is recognized that summary judgment is a drastic remedy and should be used with caution so that it does not become a substitute for an open trial. (Rowland v. Christian (1968) 69 Cal.2d 108, 111 [ 70 Cal.Rptr. 97 , 443 P.2d 561 , 32 A.L.R.3d 496 ].) However, after careful examination of the…