Lee v. Takao Building Development Co.

Opinion

ASHBY, J.

—Appellants Vin Jang T. Lee and Yeu Tsu N. Lee contest the award of a summary judgment in favor of respondent Takao Building Development Co., Ltd. (Takao). Appellants sued Takao and others in negligence and trespass for damages incurred due to the loss of lateral support of appellants’ building. The trial court found that appellants’ action against Takao had no merit and that there were no triable issues of fact.

Summary judgment may properly be granted only where no triable issue of material fact exists and where the moving party’s affidavits set forth sufficient facts to…