Planck v. Hartung

Opinion

PARAS, J.

Plaintiff Jessie Planck appeals from a summary judgment in favor of defendant Rita McDavid Hartung (hereinafter McDavid) in an action for property damage.

On May 26, 1976, a fire caused damage and destruction in the La Vista Blanc Condominiums at Mammoth Lakes, California. According to plaintiff, owner of a burned condominium unit, the fire originated in the condominium unit of defendant Richard Hartung and was occasioned by the use there of a barbeque owned by defendant McDavid.

A deposition of Hartung and a declaration of McDavid, both offered in support of the summary…