Jackson v. Aetna Life & Casualty Co.

Opinion

MILLER, J.

This appeal is taken from an order sustaining respondent’s demurrer to appellant’s second amended cross-complaint for damages resulting from negligence and for reformation.

Cross-complainant and appellant James D. Jackson is the owner of three parcels of commercial real estate in Berkeley, California. In September 1973, appellant leased one of these properties to cross-defendant David Morris, who operated a bakery therein. The written lease agreement for the property contained, inter alia, the following two provisions:

“9. Indemnification of Lessor: Lessor shall not be liable…