Delgado v. The Basset Family Partnership, LP dba the Balboa Mesa Center, the Daughters of St. Paul Inc.
Published: Aug. 6, 2011 | Result Date: Jun. 8, 2011 | Filing Date: Jan. 1, 1900 |Case number: 37-2009-00091244-CU-PO-CTL Bench Decision – Dismissal
Court
San Diego Superior
Attorneys
Plaintiff
Catharine E. Kroger-Diamond
(Law Office of Catharine Kroger-Diamond APC)
Defendant
Edward C. Meara
(Law Offices of Howard A Kitay)
Susan L. Oliver
(Tyson & Mendes)
Facts
The Daughters of St. Paul ran a bookstore in the Balboa Mesa Center development. The daughters and the Center were sued by a former employee who tripped and fell on a sidewalk that was part of the development. The Center filed a cross-complaint against the Daughters for express indemnity pursuant to the lease. Daughters filed motions for summary judgment arguing that it owed no duty to indemnify the Center against the injured employee's claims.
Result
The injured employee dismissed its claim against the Daughters following its filing of summary judgment. The matter was decided in the Daughters' favor. It recouped attorney fees from the Center based on an attorney fees provision in the lease.
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