Supreme Court of California

In a tort action brought by plaintiff tenant, who was shot and injured while he was a bystander to a gang confrontation involving a resident of the mobilehome across the street from his, grant of nonsuit was proper, as: 1) landlords, including mobilehome park owners, ordinarily have no duty to reject prospective tenants they believe, or have reason to believe, are gang members; and 2) the facts known to the landlord did not make a violent gang confrontation involving these tenants so highly foreseeable as to justify imposition of a duty to undertake eviction proceedings.

Appellate Information

• Decided 07/30/2007
• Published 07/30/2007

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Sutherland & Gerber and Lowell F. Sutherland, El Centro, for Plaintiff and Appellant.


• For Appellees:
  
• Horvitz & Levy, David M. Axelrad, Barry R. Levy, Kim L. Nguyen, Encino;  Hollins• Schechter and Bruce Lee Schechter, Santa Ana, for Defendants and Respondents., Heidi Palutke, Sacramento, for California Apartment Association as Amicus Curiae on behalf of Defendants and Respondents., Bien & Summers, Elliot L. Bien and E. Elizabeth Summers, Novato, for Western Manufactured Housing Communities Association as Amicus Curiae on behalf of Defendants and Respondents., Fred J. Hiestand, Sacramento, for Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents., Deborah J. LaFetra, Sacramento, for Pacific Legal Foundation as Amicus Curiae on behalf of Defendants and Respondents.