Srithong

Plaintiff and appellant Pavarud Srithong (Srithong) appeals a judgment holding defendants and respondents Total Investment Company and Michael and Bok Kwon (collectively, Total) not jointly and severally liable with a codefendant for Srithong’s noneconomic damages.

In this case of first impression, the issue presented is whether Civil Code section 1431 et seq., commonly known as Proposition 51, which abrogated joint and several liability for noneconomic damages, applies where a defendant’s liability is based on a nondelegable duty.

Because the nondelegable duty doctrine is a form of vicarious liability (Brown v. George Pepperdine Foundation (1943) 23 Cal.2d 256, 260 [ 143 P.2d 929 ]; Maloney v. Rath (1968) 69 Cal.2d 442, 446 [ 71 Cal.Rptr. 897 , 445 P.2d 513 , 40 A.L.R.3d 1 ]; see Privette v. Superior Court (1993) 5 Cal.4th 689, 695 [ 21 Cal.Rptr.2d 72 , 854 P.2d 721 ]), Proposition 51 is inapplicable. (Miller v. Stouffer (1992) 9 Cal.App.4th 70, 83-85 [ 11 Cal.Rptr.2d 454 ], review den.) The judgment therefore is modified and as modified is affirmed.

Factual and Procedural Background

Total owned and managed a mini-mall in Los Angeles. Total leased a portion of the…