Ernest W. Hahn, Inc. v. Superior Court

Petitioner Ernest W. Hahn, Inc., doing business as The Hahn Company, and Horton Plaza Associates (collectively Hahn) seek a peremp tory writ of mandamus to compel the court to vacate its order denying Hahn’s demurrer to Robert A. Martin (Martin) and Clifton J. Rogers’s (Rogers) cause of action for strict liability. Because we conclude a strict liability theory is inapplicable to the facts of this case, we grant the petition.

Factual and Procedural Background

According to the first amended complaint, Martin and Rogers sustained personal injuries while they were seated at a table outside the Farmer’s Market in the courtyard at Horton Plaza. The injuries occurred when a palm tree or a giant bird of paradise tree fell on them as they ate lunch purchased from the Farmer’s Market. Hahn owns Farmer’s Market and Horton Plaza and provided the tables and chairs for use of the public.

Martin and Rogers filed separate actions for negligence that were consolidated for trial. By the first amended complaint they added a cause of action for strict liability to which Hahn demurred. The court overruled the demurrer and these proceedings ensued. The trial was stayed by this…