Golden v. Conway

In Golden v. Conway (1976) 55 Cal.App.3d 948, the tenant leased commercial property that also contained residential facilities, namely, a kitchen, bath, and extra room. When a fire occurred on the premises, the landlord sued the tenant, asserting that the tenant's employee, who lived on the premises, had negligently placed combustible materials near a wall heater. (Id. at p. 952.) After the presentation of evidence at trial, the trial court rejected the tenant's theory that the landlord was responsible for a latent defect in the wall heater, and directed a verdict in favor of the landlord. (Id. at p. 953.) In reversing the judgment, the appellate court noted in dicta the holding in Green and stated: "The philosophy behind that holding is compelling if the premises are treated as adapted for and actually used as a dwelling, and persuasive if they are considered as merely a small commercial outlet." (Golden, supra, 55 Cal.App.3d at p. 962.)