Aaitui

We affirm the summary judgment granted to the City of Long Beach in this drowning case.

Background

A four-year-old girl drowned in an apartment house swimming pool, owned by the Azar family and its alter ego, Grande Properties. For approximately the three previous years, the City of Long Beach had, pursuant to its municipal code, routinely inspected the pool and issued numerous citations for safety violations, giving notice that the pool was to be closed until the defects were corrected. The pool’s gate was broken off its hinges and was not self-closing or self-latching. The owners did not correct the violations.

Nearly two years before the drowning, Charles Azar was given two weeks to correct the conditions or face a criminal complaint. After referral to the city prosecutor’s office, at least four more inspections were made before the arraignment date, and the defects remained uncured. More than six months later, the owners had failed to correct the defects and Paul Azar was told he faced criminal prosecution.

Eventually Paul Azar acquired full title and the charges against Charles were dismissed. Continued violations were noted and threats of prosecution sent to…