Eiges

INTRODUCTION

Plaintiff and appellant Stephen1 Eiges used to live at a mobile home park in Gardena. Immediately to the south of his property was an office and warehouse park (the SVF Property).2 Immediately to the west of his property was an auto yard operated under the name Westway Auto Dismantlers, Inc. (Westway). In February and March of 2015, respondent All American Asphalt (AAA) removed and replaced several thousand square feet of cement driveway at the SVF Property. Also in 2015, there was heavy machinery operating on the Westway property. In a lawsuit he filed in 2017, Eiges alleged that dust both from AAA’s driveway work on the SVF Property and heavy machinery operating on the Westway property made him ill and damaged his property. He sought damages under negligence, premises liability, trespass, and nuisance theories. In 2020, after taking discovery, AAA moved for summary judgment pursuant to Code of Civil Procedure section 437c,3 on all of Eiges’s claims on

Appellant has been variously referred to herein as “Stephen,” “Steven,” and “Steve.” We use the spelling from the caption in the trial court for consistency.

We refer to this property as the SVF…