Muro

This is a petition for writ of mandate challenging the superior court’s order sustaining the demurrer without leave to amend by real party in interest, Anjac Fashion Building, Inc. (Anjac) to a cause of action by petitioner Charm Muro for strict liability. At issue is whether the holding of Becker v. IRM Corp. (1985) 38 Cal.3d 454 [ 213 Cal.Rptr. 213 , 698 P.2d 116 , 48 A.L.R.4th 601 ] (hereafter Becker), that a landlord who leases dwellings is strictly liable in tort for injuries resulting from any latent defects existing on the premises should also apply to a landlord who leases commercial property. For the reasons to follow, we decline to extend Becker to the commercial lessor of commercial real property.

Facts and Procedural Background Below

The allegations of the second amended complaint, which we must assume as true (J’Aire Corp. v. Gregory (1979) 24 Cal.3d 799, 803 [ 157 Cal.Rptr. 407 , 598 P.2d 60 ]), establish that Anjac owns and operates a commercial property. Petitioner, an employee of one of Anjac’s commercial tenants, slipped and fell on the stairs between the fifth and sixth floors near the women’s rest area. The premises were defective when rented to…