Geertz

Statement of the Case

Plaintiffs Gordon and Joan Geertz filed an action against, among others, Ausonio Construction, Inc. (Ausonio) for personal injuries and property damage caused by an allegedly defective drainage system in a building Ausonio constructed in 1978. The Geertzes now appeal from a judgment entered after the trial court found the action barred by the four-year statute of limitations for patent defects. (Code Civ. Proc., § 337.1.) They claim the court erred in finding as a matter of law that the inadequate drainage system was a patent defect. We agree and reverse the judgment.

Standard of Review

“Summary judgment is properly granted only when the evidence in support of the motion establishes that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. [Citations.] Since a motion for summary judgment raises only questions of law regarding the construction and effect of the supporting and opposing papers, the appellate court independently reviews all of the papers, including the evidence presented in connection with the motion. [Citation.] Doubts as to the propriety of summary judgment are resolved…