Lucas
Lucas v. Pollock
Opinion
Opinion
Huffman, J.
After the trial court granted summary judgment in favor of defendant and respondent Perry C. Pollock, plaintiffs and appellants Esteban Raul Lucas, Guadalupe Reyes, and Mario Garcia Reyes (collectively plaintiffs), appeal. (Code Civ. Proc., § 437c.) Plaintiffs’ action arose out of a fire in temporary migrant farm worker housing constructed on Pollock’s land, in which Lucas was gravely injured and plaintiffs Reyeses’ decedent, Jorge Reyes (Reyes), was killed. In granting Pollock’s motion for summary judgment, the trial court found Pollock had breached no landowner’s duties sounding in negligence that were owed to plaintiffs, and was not liable for damages for infliction of emotional distress, nuisance, or breach of the warranty of habitability.
On appeal, plaintiffs argue that triable issues of fact remain as to actual or constructive knowledge on the part of Pollock as to the presence of migrant farm worker encampments on his property, either in the nature of personal knowledge or imputed knowledge through his real estate agent, nonparty John Daley. These arguments are not well taken. We affirm.