Stone v. Center Trust Retail Properties, Inc.

Commercial landlord Center Trust Retail Properties, Inc., appeals from the jury's six-figure damage award to Sheila Stone for the physical injuries she suffered in Center Trust's mall. We reverse and remand for partial retrial.

Appellant Center Trust Retail Properties, Inc., owned a Los Angeles retail mall in which the Gumboz Creole Cajun restaurant was a tenant. In August 2001, the restaurant defaulted on its rent. Two months later, Center Trust restaurant did neither. In November, Center Trust filed an unlawful detainer complaint, and later that month took the restaurant's default. On December 3, 2001, the unlawful detainer court entered a partial judgment for possession by Center Trust, and 10 days later issued a writ of possession. "On or about" December 27, 2001, Center Trust was "restored [to] possession of the premises."

A week and a half later, respondent Sheila Stone hosted a party at the restaurant, which was still operating. [1] During the party, guests danced on a temporary wooden dance floor placed over the carpet. While dancing, Stone slipped on water on the floor and fell, fracturing her ankle. There was enough water to dampen her clothes from her back…

*611 Opinion

— Commercial landlord Center Trust Retail Properties, Inc., appeals from the jury’s six-figure damage award to Sheila Stone for the physical injuries she suffered in Center Trust’s mall. We reverse and remand for partial retrial.

FACTS AND PROCEDURAL HISTORY

Appellant Center Trust Retail Properties, Inc., owned a Los Angeles retail mall in which the Gumboz Creole Cajun restaurant was a tenant. In August 2001, the restaurant defaulted on its rent. Two months later, Center Trust served the restaurant with a five-day notice to pay rent or quit, but the restaurant did neither. In November, Center Trust filed an unlawful detainer complaint, and later that month took the restaurant’s default. On December 3, 2001, the unlawful detainer court entered a partial judgment for possession by Center Trust, and 10 days later issued a writ of possession. “On or about” December 27, 2001, Center Trust was “restored [to] possession of the premises.”

A week and a half later, respondent Sheila Stone hosted a party at the restaurant, which was still operating. 1 During the party, guests danced on a temporary wooden dance floor placed over the carpet. While dancing, Stone slipped on…

Dissenting. — I respectfully dissent.

Today the majority announces a new rule of law. Neither side advocates this new rule. Appellant and defendant Center Trust Retail Properties, Inc., a landlord, is not urging us to expand the duties and liabilities of landlords. Respondent and plaintiff Sheila Stone would like us simply to affirm the jury’s verdict for her and the judgment in her favor. Instead, we reverse and remand. So we leave the adversarial process behind with this creation of new law.

Center Trust owned a mall. One of the tenants in the mall was a restaurant. The tenant and operator of the restaurant stopped paying rent, and Center Trust eventually initiated eviction proceedings. Center Trust obtained a writ of possession but the sheriff had not served the writ when Stone slipped on water and fell, injuring her ankle. While Center Trust had not regained physical possession of the restaurant on the date Stone fell, it had said in a legal document that it had been “restored to possession” of the premises about a week earlier. The trial court instructed the jury that a landlord must act reasonably to correct defects that it knew or should have known about. The jury…