Garcia v. HoltAnnotate this Case
The Mamertos owned residential property located in Escondido, and leased the premises to George Jakubec. At some time during the tenancy, Jakubec created homemade explosives and stored explosive devices and materials on the premises. The Mamertos hired Mario Garcia to maintain the landscaping at the Premises. Garcia or his employees worked on the premises at least once every two weeks throughout the approximately five years leading up to the accident and never noticed anything suspicious or dangerous. On November 18, 2010, Garcia was injured when he walked over unstable explosive material on the backside of the premises and the material exploded under him. Garcia and his wife sued for premises liability alleging the Mamertos were negligent in the maintenance of the premises by allowing explosive materials to be kept on the premises. The Mamertos moved for summary judgment arguing they owed no duty to Mario because they had no actual or constructive knowledge of the explosive materials on the Premises, thus there was no foreseeable risk requiring an inspection. The trial court concluded the landowners owed no duty to Mario. The Garcias argued on appeal that a month-to-month tenancy provided the landlord the right to enter and inspect the property at periodic intervals without actual notice of a need to inspect. The Court of Appeal disagreed and affirmed the grant of summary judgment in favor of the Mamertos.