Priver

This is an appeal from a judgment for defendant, given after a general demurrer to plaintiff’s second amended complaint was sustained by the court and upon plaintiff’s failure to further amend her pleading.

The substance of the allegations of the complaint is that prior to August, 1921, plaintiff rented a certain “flat apartment property” from defendant, which was to be used by plaintiff as a dwelling, in which was located a disappearing wall-bed and which bed, on or about August 15, 1921, became broken and out of repair, of which fact plaintiff informed defendant and requested defendant to place the same in a safe condition for use by plaintiff, which defendant failed to do; that by reason of such failure on the part of defendant, and on or about November 11, 1921, the said bed collapsed and fell upon plaintiff, to her injury and damage, etc.

At common law, in the absence of an express contract, there was no duty owing by the landlord to the tenant to make repairs, and consequently no liability was incurred by the landlord to the tenant arising from the defective condition of the leased premises. (Brewster v. DeFremery, 33 Cal. 341 ; Van Every v. Ogg, 59 Cal. 565 ;…