Madhani

Madhani v. Cooper

Good Law
106 Cal. App. 4th 412·130 Cal. Rptr. 2d 778·2003 Cal. App. LEXIS 238·2003 Daily Journal DAR 1899·2003 Cal. Daily Op. Serv. 1499
Court of Appeal of CaliforniaFebruary 19, 2003B153197California2,090 words

Opinion

Opinion

Johnson, J.

Plaintiff Hamida Madhani was a tenant in an apartment building owned by defendants Glenn and Sheryl Cooper. As Madhani entered her apartment one night she was attacked by another tenant who came up from behind her, grabbed her by the hair, pulled her outside and threw her down several flights of stairs causing Madhani to lose consciousness and sustain serious physical injuries. This same tenant had assaulted Madhani and her mother on previous occasions and Madhani had made numerous complaints to the building managers, who took no action. Madhani sued the Coopers for negligently failing to protect her from the tenant’s assault. Observing that “[u]nfortunately, disputes between tenants .are not uncommon,” the trial court granted the Coopers’ motion for summary judgment and entered a judgment in their favor. We reverse.

Facts and Proceedings Below

The following facts are undisputed.

Madhani and her mother, Dishad Bana, resided in an apartment owned by the Coopers (the landlords) for approximately seven years prior to the incidents involved in this suit. In March or April 1998, Yvonne Moore moved into the apartment across from Madhani and her mother.

The first violent…

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