Martinez

I.

Introduction

This appeal presents the issue whether a bank, which acquires real property through foreclosure but which does not have possession or control of the property, has a duty to inspect the property and remedy its defects. We conclude that the bank has a duty to inspect and remedy defects on the property only if it has actual knowledge of the defects and the ability to prevent foreseeable harm.

In this appeal, defendant bank purchased property in a foreclosure sale. The bank then commenced an unlawful detainer proceeding to attempt to evict the former owners, who retained occupancy and possession of the property. While the bank’s unlawful detainer proceeding was pending, plaintiffs’ young son entered the property, where he was attacked by dogs owned by the former owners. After their child died of injuries sustained in the attack, plaintiffs sued the bank for wrongful death. Plaintiffs appeal from the grant of summary judgment in the bank’s favor,

In the published portion of this opinion, we conclude that plaintiffs’ opposition to the summary judgment motion created no triable issue of fact regarding whether the bank had actual knowledge of the dangerous…