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KUNS v. CITY OF UKIAH

No. A087470.

94 Cal.Rptr.2d 359 (2000)

79 Cal.App.4th 899

Christine Lynette KUNS et al., Plaintiffs and Appellants, v. CITY OF URIAH, Defendant and Respondent. Billy Mack Clark et al., Plaintiffs and Appellants, v. City of Ukiah, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

As Modified on Denial of Rehearing May 4, 2000.

Review Denied July 19, 2000.

Attorney(s) appearing for the Case

Johnson & DeMarchi, Thomas F. Johnson, Linda S. Mitlyng, Anacortes, WA, William B. Phillips, Healdsburg, Attorneys for Appellants/Plaintiffs Christine Kuns et al., Billy Mack Clark et al.

Shapiro, Galvin & Shapiro, Piasta & Moran, Joseph A. Piasta II, Adrienne M. Moran, Dana Beernink Simonds, Santa Rosa, Attorneys for Respondent/Defendant—City of Ukiah.

MARCHIANO, J.

This is an appeal from a summary judgment in favor of the City of Ukiah (the City) in a consolidated action arising out of a fatal residence fire which occurred after the City's utility company shut off the power to the residence of Christine and Emitte Kuns. We find that triable issues of material fact exist as to causation of the fire and reverse the judgment.

BACKGROUND

On December 26, 1995, the City of Ukiah's utilities department...

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