STONE v. CENTER TRUST RETAIL PROPERTIES, INC

STONE v. CENTER TRUST RETAIL PROPERTIES,  INC

Filed 1/23/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

            APPEAL from the judgment of the Superior Court of Los Angeles County.  Jon  M. Mayeda, Judge.  Reversed and remanded.

            Horvitz & Levy, David M. Axelrad and Wendy S. Albers; Wilson, Elser, Moskowitz, Edelman & Dicker, Steven J. Joffe and J. Walter Gussner, for Defendant and Appellant.

            Ward & Ward and Alexandra S. Ward; Law Offices of Bruce D. Kordic and Bruce D. Kordic, for Plaintiff and Respondent.

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            Commercial landlord Center Trust Retail Properties, Inc. appeals from the jury's six-figure damage award to Sheila Stone for the physical injuries she suffered in Center Trust's mall.  We reverse and remand for retrial.

FACTS AND PROCEDURAL HISTORY

            Appellant Center Trust Retail Properties, Inc. owned a Los Angeles retail mall in which the Gumboz Creole Cajun restaurant was a tenant.  In August 2001, the restaurant defaulted on its rent.  Two months later, Center Trust served the restaurant with a five-day notice to pay rent or quit, but the restaurant did neither.  In November, Center Trust filed an unlawful detainer complaint, and later that month took the restaurant's default.  On December  3, 2001, the unlawful detainer court entered a partial judgment for possession by Center Trust, and 10  days later issued a writ of possession.  â€