Brantley

The trial court granted the motion for summary judgment filed by respondent Frank R. Pisaro and thereafter entered judgment dismissing the action brought by appellant Carl H. Brantley. We will reverse. We will conclude that a defendant moving for summary judgment (or summary adjudication) under Code of Civil Procedure section 437c, as amended in 1992 and 1993, may still show the plaintiff’s cause of action has no merit by demonstrating that the undisputed facts negate the existence of one or more essential elements of the cause of action.

Procedural Facts

Appellant Carl H. Brantley filed his action for damages for personal injuries on July 16, 1993. Appellant’s complaint contained a single cause of action for negligence. In relevant part, the complaint stated that on or about June 1, 1992: “while [appellant] was descending a stairway located at 5874 Arbolada Drive, LaGrange, California, the railing of the stairway pulled away from the wall to which it was attached, causing [him] to fall and sustain serious injuries.”

Respondent Frank R. Pisaro was alleged to have “negligently owned, maintained, managed and operated” the premises located at 5874 Arbolada Drive,…