Planck

Plaintiff Jessie Planck appeals from a summary judgment in favor of defendant Rita McDavid Hartung (hereinafter McDavid) in an action for property damage.

On May 26, 1976, a fire caused damage and destruction in the La Vista Blanc Condominiums at Mammoth Lakes, California. According to plaintiff, owner of a burned condominium unit, the fire originated in the condominium unit of defendant Richard Hartung and was occasioned by the use there of a barbeque owned by defendant McDavid.

A deposition of Hartung and a declaration of McDavid, both offered in support of the summary judgment motion, disclose the uncontradicted nature of their relationship and the events at the time of the fire. They were not married. McDavid and her minor children had moved into Hartung’s unit about six weeks before the fire, and lived with him as a family. McDavid had brought to the residence certain personal property, including the barbeque in question. It was a common and ordinary, kettle-type, charcoal-burning item, with a vent on the bottom and another at the top. It was used on an outdoor balcony. Throughout the six-week period the barbeque was used some fifteen times for the preparation of…