This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.


Modification: Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC

Ruling by

Julia Craig Kelety

Lower Court

San Diego County Superior Court

Lower Court Judge

Blaine K. Bowman
Lease provision limiting landlord's liability was invalid where that liability was necessarily based on the landlord's violation of statutory duty to disclose existence of hazardous substance on nonresidential real property.



Court

California Courts of Appeal 4DCA/1

Cite as

2024 DJDAR 985

Published

Feb. 2, 2024

Filing Date

Jan. 31, 2024

Opinion Type

Modification

Disposition Type

Reversed (in part)

Case Fully Briefed

Apr. 20, 2023

Oral Argument

Dec. 12, 2023


EPOCHAL ENTERPRISES, INC.,

Plaintiff, Cross-defendant and Appellant,

v.

LF ENCINITAS PROPERTIES, LLC, et al.,

Defendants, Cross-complainants and Appellants.

 

No. D079905

(Super. Ct. No. 37-2018- 00027797-CU-CO-NC)

California Court of Appeal

Fourth Appellate District

Division One

Filed January 31, 2024

 

ORDER MODIFYING

OPINION AND DENYING REHEARING

 

NO CHANGE IN JUDGMENT

 

THE COURT:

It is ordered that the opinion filed herein on January 12, 2024, be modified as follows:

1. On page 2, the third sentence is modified to read as follows:

"After plaintiff sued defendants, a jury found defendants liable for premises liability and negligence."

 

There is no change in the judgment.

The petition for rehearing is denied.

 

HUFFMAN, Acting P. J.

 

#282164

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390