Murachanian

Morlin Asset Management LP v. Murachanian

Good Law
2 Cal. App. 5th 184·2016 Cal. App. LEXIS 650·206 Cal. Rptr. 3d 195
Court of Appeal of CaliforniaAugust 8, 2016B259800California3,350 words

Opinion

Opinion

Grimes, J.

SUMMARY

This is an appeal from the grant of summary judgment on two cross-complaints for indemnity and apportionment of fault. Plaintiff Jose Luis Anguiano filed this lawsuit after he was injured when he slipped on the stairs in the common area of a commercial building. He was at the building to clean the carpets in the dental suite of a tenant in the building. Plaintiff sued the owners of the building and its managers, Morlin Asset Management LP and Morlin Management Corporation (the landlords), for negligence and premises liability. The landlords each filed virtually identical cross-complaints against Edward Murachanian (the tenant), a dentist who rents an office suite in the building. The tenant had hired plaintiffs employer to clean the carpets in his second-floor suite.

The tenant moved for summary judgment on the cross-complaints on the grounds that plaintiff claimed his injury was caused by a defect in the common areas of the building for which the landlords had the exclusive right of management and control, and the tenant’s lease provided he was only liable to indemnify the landlords for injuries incurred within his suite.

The landlords opposed the motion,…

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