A recent court ruling has affirmed that a property management company is not liable for injuries sustained on a property it no longer manages. On July 24, 2024, the Court of Appeal of the State of California, Second Appellate District, Division Five, upheld a summary judgment in favor of GJ Property Services, Inc. (GJPS), dismissing claims brought by Kari Turner and her minor daughter Emilia.
The case revolves around an incident that occurred on February 17, 2021, when Emilia Turner suffered severe burns after a heating grate fell on her hand. Kari Turner had filed the lawsuit on April 23, 2021, alleging negligence and premises liability against several defendants including GJPS. The Turners contended that GJPS had failed to inspect and remedy dangerous conditions at the rental property they leased in Long Beach.
According to court documents, GJPS managed the property until January 2018 when their contract was terminated by the property owner. During their tenure as property managers, GJPS arranged for repairs to be made to the property's heating system on multiple occasions. However, after February 1, 2018, Pabst Kinney & Associates took over as property manager.
Kari Turner argued that GJPS should have discovered and fixed a missing safety latch on a heating grate during their inspections before leasing the property to them in October 2016. An expert declaration submitted by Jeff Hughes supported this claim, stating that reasonable inspections would have uncovered such issues. Despite these arguments, the trial court found no evidence that GJPS had actual or constructive knowledge of any dangerous condition during their management period.
During a hearing held on January 5, 2022, Judge Daniel M. Crowley noted that simply because an old heater was present did not mean GJPS should have been aware of potential dangers years after they ceased managing the property. The court concluded that since GJPS did not control or manage the property at the time of Emilia's injury in February 2021, they could not be held liable for her injuries.
In its defense, GJPS highlighted that there were no complaints about injuries from the heating system while they managed the property and emphasized that any unsafe conditions could not be linked directly to their period of management. The court agreed with this assessment and granted summary judgment in favor of GJPS on February 25, 2022.
The Turners subsequently filed an appeal but were unsuccessful as the appellate court affirmed the lower court's decision. The judges concurred that without ownership or control over the premises at the time of injury, liability could not be imposed on GJPS.
Attorneys involved in this case included Gabriel Herrera Avina representing Kari Turner and Marc H. Garber along with Cynthia E. Tobisman from Greines Martin Stein & Richland representing G J Property Services Inc. The case was presided over by Judge Daniel M. Crowley under Case ID B319443.