Earl M. Hill Family Limited Partnership v. Trader Joe's Co. CA2/6

Filed 12/3/24 Earl M. Hill Family Limited Partnership v. Trader Joe’s Co. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

EARL M. HILL FAMILY 2d Civil No. B324784 LIMITED PARTNERSHIP, (Cons. w/ No. B332896) et al., (Super. Ct. No. 17CV00966) (Santa Barbara County) Cross-defendants, Cross- complainants, and Appellants

v.

TRADER JOE’S COMPANY, INC.,

Cross-complainant, Cross- defendant, and Respondent.

A car drove through the front doors of a Trader Joe’s store in 2016. Before entering the store, the car struck and severely injured a customer standing on the sidewalk. The customer sued respondent Trader Joe’s Company, Inc. (Trader Joe’s) and appellants Cal Real Properties, L.P. (Cal Real), Earl M. Hill Family Limited Partnership (Hill), and The Towbes Group, Inc.

(Towbes). He alleged they created a dangerous condition for pedestrians by failing to install adequate barriers between the curb and the doors. The customer settled his case for $2.5 million before trial. Trader Joe’s paid $1.25 million. Cal Real, Hill, and Towbes paid the other $1.25 million. They proceeded to trial on their cross- complaints for indemnity. The trial court found the incident resulted from the negligent construction and maintenance of the shopping center’s common areas. It entered judgment against Cal Real, Hill, and Towbes for $1.25 million pursuant to a lease provision requiring the appellants to defend and indemnify Trader Joe’s for such actions. They appeal the judgment as well as the post-judgment order awarding attorney’s fees to Trader Joe’s. We will affirm. FACTUAL AND PROCEDURAL HISTORY Trader Joe’s Lease Trader Joe’s operates a grocery store in Goleta’s Calle Real Shopping Center. Cal Real and Hill own the shopping center and Towbes manages its day-to-day operations. This opinion refers to Cal Real, Hill, and Towbes collectively as the “Landlords.” Trader Joe’s occupies the building pursuant to a lease dated February 25, 2000 (Lease). The Lease refers to the area used by Trader Joe’s as the “Premises.” Customers enter through sliding glass doors that face the parking lot. The Lease describes the pedestrian sidewalk in front of the store as a common area shared by all tenants of the shopping center and their customers. It permits Trader Joe’s to display items for sale on the store- adjacent sidewalk, or “Outdoor Sales Area,” provided the displays do not obstruct pedestrian access.