Petikyan v. Elk St. Properties CA2/2

Filed 6/30/16 Petikyan v. Elk St. Properties CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

SUSANA PETIKYAN et al., B262529

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC515735) v.

ELK ST. PROPERTIES et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Graciela Freixes, Judge. Affirmed.

Law Offices of Mann & Elias, Scott Mann and Richard Scott Houtz, for Plaintiffs and Appellants.

Belofsky & Hanker, David A. Belofsky, for Defendants and Respondents.

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A woman scalded by hot water from a showerhead in her mother’s apartment sued the apartment complex and its owner for negligently setting the complex’s water heater at too high a temperature; the mother sued for negligent infliction of emotional distress. A jury concluded there was no negligence. On appeal, the woman and her mother argue that the trial court erred in limiting their expert’s testimony and in not instructing the jury on a landlord’s duty to inspect. We conclude there was no error and affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts In July 2013, Susana Petikyan (Susana) was scalded with hot water in the shower/tub of the apartment rented by her mother, Zina Petikyan (Zina).1 Although, at the time of the incident, the cold water valve in the shower/tub and the diverter that directs water either to the tub spout or the showerhead were working properly, Susana stepped into the shower and turned on just the hot water without checking where the water was directed; it came out of the showerhead, hot, and scalded her within 15 seconds. The apartment Zina rented was part of a 13-apartment complex owned by Elk St. Properties, which was in turn owned by David and Behnaz Karlin. The complex had a single water heater. The water heater had been professionally installed eight to ten years prior to the incident. That heater had a minimum temperature of 120 degrees Fahrenheit, and the plumber who installed the heater set the temperature above that minimum; neither the owners nor their apartment manager subsequently changed the water heater’s temperature setting. During the intervening eight to 10 years, no one complained to the owners or apartment manager that the water coming from the showerheads was too hot. Although water at temperatures above 120 degrees Fahrenheit can cause scalding, water must be over 120 degrees Fahrenheit for use in dishwashers and other household appliances that disinfect. Although California law was amended in 1988 to require new