Facts

A premises liability case proceeded to trial on cross-complainant's cross-complaint for breach of contract pursuant to a landlord-tenant lease agreement. Plaintiff in the underlying case was cross-defendant Dr. Robert Dardashti dba Aria Chiropractic's employee. Plaintiff filed suit after she slipped and fell in a stairway on an oily substance at cross-complainant's property.

CROSS-COMPLAINANT CONTENTIONS: Cross-complainant 3545 Wilshire LLC contended that cross-defendant failed to defend, protect, indemnify, and carry the proper insurance, which would have covered plaintiff's claims. As a result of cross-defendant's breach, cross-complainants suffered $35,955 in damages. Cross-complainant additionally contended cross-defendant had not proven gross negligence, nor ordinary negligence as neither plaintiff or anyone else could show how long the oily substance had been on the stairway.

CROSS-DEFENDANT CONTENTIONS: Cross-defendant Aria Chiropractic claimed that plaintiff's fall was the result of cross-complainant's gross negligence. Cross-defendant contended the lease agreement placed no obligations to defend and indemnify cross-complainant for cross-complainant's gross negligence. Cross-defendant claimed cross-complainant's maintenance of the stairway, allowing an oily substance to appear, constituted gross negligence.

Damages

Cross-complainant sought $35,955 from cross-defendant as damages for the breach.

Result

The court awarded full damages to cross-complainant in the amount of $35,955.