Barnes

—James Barnes, Sr., Cynthia Barnes, and Tiona Treadway, a minor (collectively, Barnes), appeal a judgment in favor of Thomas A. Black, individually and as trustee for the Black Family Trust, the Black Family Trust and the Flying Hills Estates (collectively, Black) after summary adjudication of causes of action for negligence, premises liability, and negligent infliction of emotional distress. Barnes contends Black failed to satisfy its burden to negate the duty of care as a matter of law. Barnes also contends the trial court abused its discretion by denying leave to amend the complaint after granting summary adjudication. We reverse.

Factual and Procedural Background

The following facts are viewed in the light most favorable to Barnes as the opposing party in accordance with the standard of review on appeal after summary adjudication (discussed, post).

The Apartment Complex

James Barnes, Jr., (James) and his family were residents of an apartment complex owned by the Black Family Trust located on Cuyamaca Avenue in El Cajon. A private sidewalk in front of the apartment buildings leads to a small children’s play area. A steep driveway adjacent to the sidewalk slopes…