# Morris v. De La Torre

> California Supreme Court · June 30, 2005 · 30 Cal. Rptr. 3d 173

URL: https://www.frixlaw.com/law-library/cases/9785597

## Case

- **Full name:** CHARLES E. MORRIS IV, Plaintiff and Appellant, v. SILVINO DE LA TORRE, Defendant and Respondent
- **Court:** California Supreme Court
- **Decided:** June 30, 2005
- **Citations:** 30 Cal. Rptr. 3d 173; 36 Cal. 4th 260; 2005 Daily Journal DAR 8050; 113 P.3d 1182; 2005 Cal. Daily Op. Serv. 5851; 2005 Cal. LEXIS 7058
- **Precedential status:** Published
- **Opinion:** Concurrence by Kennard
- **Judges:** George, Brown
- **Cited by:** 50 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9785597

## Opinion text

*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 .)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9785597. Public record. Not legal advice.