Trustee Personally Liable For Torts Only If Personally At Fault.

Plaintiff rented a room in an attached garage. The property was owned by a trust. She fell when exiting the house on some steps at night, and claimed the steps were in a dangerous condition because of a lack of lighting. The trustee brought a motion for summary judgment on the ground of lack of personal liability because there was no evidence the trustee intentionally or negligently acted in a manner that establishes fault. While arguing a resident of the house, who was allegedly negligent, was an agent of the trustee, plaintiff submitted no evidence of the existence of an agency relationship. With regard to plaintiff’s cause of action for dangerous condition of the property, defendant’s motion contained evidence there was a functioning light which was not turned on at the time plaintiff fell, which evidence plaintiff did not refute in her opposition.  The appellate court affirmed the trial court’s grant of the motion. (Castellon v. U.S. Bancorp (Cal. App. Second Dist., Div. 2; October 23, 2013) 220 Cal.App.4th 994, [163 Cal.Rptr.3d 637].