Wins

Court of Appeal affirms summary judgment for property manager in premises liability dispute

A residential tenant was injured inside her rented home and sued the property’s former management company, GMSR’s client, for premises liability.  The management company moved for summary judgment, arguing that it could not be liable to the tenant as a matter of law.  The trial court agreed and entered judgment for GMSR’s client.

The Court of Appeal affirmed.  Agreeing with GMSR, it held that the company’s management term had ended more than three years before the injury and the company did not own, possess, or control the premises at the time of the injury.  The company had no right or ability to cure any claimed dangerous conditions on the property when the injury occurred, and therefore had no legal duty, and no liability, to the tenant as a matter of law.

Click here to read the Court of Appeal opinion:  Turner v. GJ Property Services, Inc. (July 24, 2024, B319443) 2024 WL 3517402 [Second District, Division 5].