California Court of Appeal

In a dispute between landlord and tenant, grant of defendant's motion for summary judgment is reversed where: 1) there was a triable issue of fact as to whether plaintiff was an intended third party beneficiary of the lease, and thus her causes of action in contract and tort should not have been summarily adjudicated as the underlying facts could support a judgment in plaintiff's favor; 2) summary adjudication of plaintiff's negligence claim was improper; and 3) defendants did not adequately show their entitlement to judgment as a matter of law on plaintiff's statutory claims. Also, the availability of punitive damages from plaintiff's tort claims should not have been summarily adjudicated as a triable issue remained on whether defendants acted with malice.

Appellate Information

• Decided 03/04/2009
• Published 03/04/2009

Judges

• McADAMS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Panos Lagos, Panos Lagos, Oakland, Law Office of Leah Ellen Hess, Leah Ellen Hess, for Appellant.


• For Appellees:
  
• Prindle, Decker & Amaro, Michael L. Amaro, Roger Derek Classen, Kristie M. Kawakami, Long Beach, for Respondents.