McCullar
McCullar v. SMC Contracting, Inc.
Opinion
Opinion
BACKGROUND
I. Factual Background
“Because this case comes before us after the trial court’s grant of summary judgment, we apply these well-established rules: ‘ “ ‘[W]e take the facts from the record that was before the trial court when it ruled on that motion,’ ” ’ and we ‘ “ ‘ “ ‘review the trial court’s decision de novo, considering all the evidence set forth in the moving and opposing papers except that to which objections were made and sustained.’ ” ’ ” ’ [Citation.] We also ‘ “ ‘liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.’ ” ’ [Citation.]” (Tverberg v. Fillner Construction, Inc. (2010) 49 Cal.4th 518, 521 (Tverberg
I).)
SMC was the general contractor for a project known as the Chateau at the Village in South Lake Tahoe, California—a region SMC’s owner described as part of “the snow country” with occasionally icy conditions. Tyco was one of its subcontractors and was charged with installing an automatic fire sprinkler system for the project. Under the parties’ agreement, Tyco agreed to “immediately correct any and all unsafe acts or conditions that are brought to…