Lorenzen-Hughes
Lorenzen-Hughes v. MacElhenny, Levy & Co.
Opinion
Opinion
Gilbert, J.
Here we hold that the transferor of an interest in real property is not liable for latent defects in the property which the transferor did not know about, and had no reason to believe existed.
Plaintiff Linda Lorenzen-Hughes appeals from the summary judgment granted defendant-respondent, MacElhenny, Levy & Co. We affirm.
Facts
On April 19, 1990, Lorenzen-Hughes suffered injuries at work when a cabinet fell from the wall near her desk. The cabinet had been installed in 1979 by a contractor who did a minor remodeling project for the previous tenant, MacElhenny. MacElhenny transferred its assets and lease to Loren-zen-Hughes’s current employer on January 16, 1981. Since that date MacElhenny has not had any possessory interest or control over the premises.
Lorenzen-Hughes filed an unverified complaint against MacElhenny and the contractor for negligence and premises liability, alleging that the cabinet “suddenly and unexpectedly came loose . . . „”
MacElhenny moved for summary judgment. Citing Preston v. Goldman (1986) 42 Cal.3d 108 [ 227 Cal.Rptr. 817 , 720 P.2d 476 ], it asserted that it could not be held liable because it relinquished possession and control of the…