Linda Schiernbeck v. Clark Davis and Rosa Davis

WATERS, District Judge.

Linda Schiernbeek appeals the district court’s 2 entry of summary judgment in favor of the Davises on the issue of whether the Davises had a common law and/or statutory duty to install a smoke detector. We conclude that no duty to provide a smoke detector exists in this case, and therefore, we affirm.

1. BACKGROUND

This action was brought by Linda Schiern-beck (“Schiernbeek”) against her former landlords, Clark and Rosa Davis (the “Davises”). In October of 1991, Schiernbeek and her now ex-husband, Merlin Schiern-beck, began leasing a house from the Davises. The…