Kasem

Kasem v. Dion-Kindem CA2/4

Good Law
179 Cal. Rptr. 3d 711·2014 Cal. App. LEXIS 997·2014 Cal. App. Unpub. LEXIS 7072·230 Cal. App. 4th 1395
Court of Appeal of CaliforniaOctober 3, 2014B246916California2,530 words

Opinion

Opinion

Epstein, J.

Jean Kasem appeals from the judgment dismissing her legal malpractice action after the trial court sustained the demurrer of respondents Peter R. Dion-Kindem and Peter R. Dion-Kindem, P.C. (Dion-Kindem), to her third amended complaint without leave to amend. We find no error and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

In 2003, Ralphs Grocery Company sublet the lower level of its commercial building space at 10309 West Olympic Boulevard to Jean Kasem’s company, The Little Miss Liberty Round Crib Company (Little Miss Liberty); Ralphs operated its grocery store above the subleased premises. In 2007, water and sewage flowed into the subleased premises, damaging inventory. Kasem, individually and on behalf of Little Miss Liberty, retained Dion-Kindem to represent her in an action against Ralphs for breach of contract based on Ralphs’s refusal to pay for the damage incurred. (The Little Miss Liberty Crib Co. v. Ralphs Grocery Co. (Super. Ct. L.A. County, 2012, No. BC410909).)

Ralphs asserted it had no liability, based on two provisions in the sublease. Section 14 provides in pertinent part: “Sublessor shall not be liable for injury or damage which may be…

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