Booska

Steven A. Booska and his wife, Gloria Booska (hereafter Booska), appeal from a summary judgment entered against them in their action against their neighbors, Ramanbhai B. and Savitriben R. Patel, and the Patels’ employees (hereafter Patel). We find that there are triable issues of material fact and reverse.

Factual and Procedural Background

We approach an appeal from a summary judgment by reviewing the complaint and the answer to determine the relevant issues. We also examine the affidavits and separate statements of undisputed facts to ascertain the material facts. (United Community Church v. Garcin (1991) 231 Cal.App.3d 327, 332-333 [ 282 Cal.Rptr. 368 ].) “The movant’s affidavits must state facts sufficient to establish each element necessary to sustain a judgment in his favor. Unless they do, summary judgment should be denied, even though the opposing party files no affidavits whatsoever. [Citations.]” (Baldwin v. State of California (1972) 6 Cal.3d 424, 439 [ 99 Cal.Rptr. 145 , 491 P.2d 1121 ].)

Booska’s complaint, filed August 29, 1991, alleges the following facts. Booska owns property adjacent to Patel’s property. On Booska’s land is a 30- to 40-year-old…