City of Buenaventura v. Aloha Steakhouse CA2/6

Facts Appellant leases restaurant space from respondent. The lease mandates that appellant “shall hold [respondent] City . . . harmless and free from any and all liability arising out of or relating to this Lease and/or Lessee’s possession and use of the leased premises.” It also requires appellant to maintain comprehensive general liability insurance “that will insure [appellant] Lessee and [respondent] City . . . in connection with [appellant] Lessee’s performance of this Lease and against liability for injury to persons and property and for death of any person or persons occurring in or about the leased premises.” Mid-Century Insurance Company (Mid-Century) issued the policy to appellant. It includes an endorsement naming respondent as an additional insured, “but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to [appellant] . . . .” On April 18, 2018, Jamal Jackson walked into appellant’s restaurant from the adjacent Ventura Promenade. Anthony Mele was sitting at a table in the restaurant, eating dinner with his wife and daughter. Jackson walked up to the table and fatally stabbed Mele in the neck. Mele’s…