Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)

Citation: Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)
Parent Document: Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)
Jurisdiction: California (state)
Effective Date: 2019-02-28
Original Source: https://www.courtlistener.com/opinion/6240337/bevis-v-terrace-view-partners-lp/ ↗

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A lessor's charging rental rates that are authorized by contract or law cannot constitute negligence. In a contract for services, a contracting party may *821be liable for negligence in the performance of those services or failure to perform. (E.g., Bily v. Arthur Young & Co. (1992) 3 Cal.4th 370, 419, 11 Cal.Rptr.2d 51, 834 P.2d 745 ["Under the fundamental principle governing the scope of negligence liability, accountants are liable for all reasonably foreseeable injuries caused by the negligent performance of their professional duties."]; Eads v. Marks (1952) 39 Cal.2d 807, 810-811, 249 P.2d 257.) But outside that context, where a contract calls for the payment of money in exchange for use of property or other consideration not involving the provision of services, we are aware of no authority for the proposition that the contracting party receiving payment of money can be held liable on a negligence theory for charging a price that the contract expressly allows. The jury's compensatory damage award based primarily on high rent is not sustainable as damages that the jury could properly have awarded under plaintiffs' negligence theory.

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