Wukaloff v. Malibou Lake Mountain Club, Ltd.

California Court of Appeal Feb 20, 1950 No. Civ. 17075Published

Before: Wilson

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Holding. The court held that the relationship between the parties was that of invitor and invitee rather than landlord and tenant, and that the defendant was liable for injuries sustained by the plaintiff due to the defendant's failure to maintain its premises in a reasonably safe condition.

Issues

Whether the relationship between the parties was that of landlord and tenant or invitor and invitee.
Whether the defendant breached its duty of care to the plaintiff regarding the maintenance of the premises.
Whether the plaintiff was contributorily negligent.
Whether evidence of prior accidents at the same location was admissible.

Disposition. affirmed

Quotations verified verbatim against the opinion

“From the foregoing evidence it is manifest that the relationship of landlord and tenant was not created by the contract between the parties. Plaintiffs were not lessees but were in the nature of concessionaires.”

“The owner of a building owes a duty to an invitee to exercise ordinary care and prudence in keeping the premises in a reasonably safe condition so as not to expose him unnecessarily to danger.”

WILSON, J.

Defendant has appealed from a judgment entered upon a verdict in favor of plaintiffs as damages for

[149]

personal injuries received by plaintiff Antonia Wukaloff upon defendant’s premises.

On or about January 10, 1947, plaintiffs and defendant, through the chairman of the latter’s house committee, entered into an oral agreement whereby plaintiffs were to operate the dining room and attend to the rental of club rooms to members. The terms of the oral agreement were reduced to writing by the chairman of the house committee. .The parties agree that the memorandum, though not signed, embodied the terms of the oral agreement with one exception, to wit, that the officers of the club determined the price of meals and room rental, and service could not be given to any persons other than club members and their guests. It reads as follows:

“1—Mr. & Mrs. Wukoloff to take charge of all food, beverage and lodgings at Malibou Lake Mt. Club with no lease.

2— Mr. & Mrs. Wukoloff to pay club—

a—5% on all gross of food and beverage sales

b—20% on all room rentals

c—To pay for all gas used in the kitchen

d—To serve dinners from 1.50, 2.00 and up.

ala carte. Childrens portion at half price,

e—To keep all parts of the club house and club rooms clean within the four walls.

f—To pay all expenses for operation of this business including help and materials used in cleaning

3— Malibou Lake Mt. Club will

a—Keep all electric equipment, plumbing, painting, and decorating in good condition,

b—Furnish electricity and oil for heating club house and rooms.

d—Keep outside of club house in good condition,

Wukaloff v. Malibou Lake Mountain Club, Ltd.

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WILSON, J.

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