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Case Law - Liability

Issakhani v. Shadow Glen Homeowners Association, Inc.

(2021) 63 Cal. App.5th 917  Ms. Issakhani sued Shadow Glen Homeowners Association asserting claims for negligence and premises liability arising from injuries that she sustained from being struck by a car while crossing the street where she parked to get to the Shadow Glen development.  Ms. Issakhani claims were based on the premise that the Association failed to provide adequate guest parking.  The trial court entered summary judgment in favor of Shadow Glen Homeowners Association. Ms. Issakhani appealed.  The California Second District Court of Appeal affirmed the trial court's decision. In doing so, it held that a homeowners association owes no common law duty of care to invitees to protect them from accidents that occur as they travel to and from an association.  The court further held that a local ordinance did not create a duty of care to provide adequate onsite guest parking.

Heiman v. Worker's Compensation Appeals Board

(2007) 149 Cal.App.4th 724 A property manager and its association were held to be co-employers with an unlicensed contractor subject to Labor Code ‘ 2750.5.  They were all held responsible for payment of worker's compensation benefits and any tort liability arising from an accident which injured the contractor's employee, even though the manager did not know the contractor was unlicensed and uninsured when the contractor was hired.

Frances T.  v. Village Green Owners Association

(1986) 42 Cal.3d 490 The California Supreme Court held that a condominium association may be held to a landlord's standard of care as to common areas under its control, in a case brought by a unit owner who was raped in the unlit common area of the association after she had been instructed to remove the lights she installed because the association had not.


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