De la Cruz v. Mission Hills Shopping Center LLC

Filed 4/28/25

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

MYRANDA ISABELLE DE LA B333182

CRUZ,

Los Angeles County Plaintiff and Appellant, Super. Ct. No. 20STCV28647

v.

MISSION HILLS SHOPPING

CENTER LLC et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Anne Hwang, Judge. Reversed and remanded. Khorshidi Law Firm, Omid Khorshidi for Plaintiff and Appellant. Law Offices of Kirk, Myers, Motooka & Flores, Marjorie Motooka; Greines, Martin, Stein & Richland, Cynthia E. Tobisman and John J. Metzidis for Defendants and Respondents. ____________________ Myranda De la Cruz tripped on a pothole in a Mission Hills shopping center parking lot. An entity called Triwell Properties managed the shopping center. We refer to the shopping center and Triwell Properties together as Mission. After De la Cruz sued, Mission moved for summary judgment in this tort case on the basis of a contract. The contract was between Mission and De la Cruz’s employer, which was a tenant in the shopping center. The contract contained an exculpatory clause that…