Opinion

Morris v. De La Torre

  • 30 Cal. Rptr. 3d 173
  • 36 Cal. 4th 260
  • 2005 Daily Journal DAR 8050
  • 113 P.3d 1182
  • 2005 Cal. Daily Op. Serv. 5851
Court
California Supreme Court
Filed
Jun 30, 2005
Status
Published
Author
Kennard
On the bench
George, Brown
Cited by
50 cases
Authority
More cited than 11.1%

duty to take reasonable and minimally burdensome measures to protect customers from ongoing criminal activity extends “to areas within the proprietor’s control ” (emphasis added)

How later courts described this case

  • duty to take reasonable and minimally burdensome measures to protect customers from ongoing criminal activity extends “to areas within the proprietor’s control ” (emphasis added)

Written by the judges who cited it.

The opinion

*279 KENNARD, J., Concurring.

As I pointed out in my dissenting opinion in Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 244, 250 [ 30 Cal.Rptr.3d 145 , 113 P.3d 1159 ] (dis. opn. of Kennard, J.), anyone reading this court’s recent decisions in Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666 [ 25 Cal.Rptr.2d 137 , 863 P.2d 207 ], and its progeny, would conclude that (1) the prior-similar-incident rule applies to premises liability claims against business owners for failing to take precautions against possible future criminal conduct of third parties when the conduct is a criminal assault by a third party, and that (2) as suggested in Kentucky Fried Chicken of Cal., Inc. v. Superior Court (1997) 14 Cal.4th 814, 823-824 [ 59 Cal.Rptr.2d 756 , 927 P.2d 1260 ], the totality of circumstances rule applies when the criminal conduct is ongoing or imminent. This case, involving an ongoing criminal assault, falls within the totality-of-circumstances rule. (Kentucky Fried Chicken of Cal., Inc. v. Superior Court, supra, 14 Cal.4th at p. 823 .)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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