Dzharadzhyan

Dzharadzhyan v. Exclusive Motorcars CA2/8

Good Law
Court of Appeal of CaliforniaMarch 5, 2015B252832California2,212 words

Opinion

Opinion

Grimes, J.

FACTS

The evidence in support of defendants’ motion for summary judgment established the following undisputed facts: Defendants’ shop is secured by a perimeter fence with a locked gate. Arman Martirosyan, an owner and employee of the business with over 10 years of experience at the business, and experience with other auto repair shops, averred that “[d]uring the entire time that it has been in business, [defendants’ shop] has followed the industry custom and practice of securing vehicles overnight by use of a locked perimeter gate.” Within the perimeter are other structures which can be locked separately, including a garage-like paint booth, which has a rollup door that is kept locked before and after business hours with a heavy-duty padlock. The garage is also secured by an ADT alarm system. On March 10, 2012, plaintiff’s husband brought the 1957 Chevrolet Bel Air to defendants’ shop for cosmetic repairs. Mr. Sukunyan signed an estimate authorizing the

2 repairs. The estimate did not include any special instructions concerning the car’s storage. When defendants’ shop was closed for business, the car was stored in the locked garage within the locked perimeter. As was their…

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