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Castaneda v. Olsher

Supreme Court of California
162 P.3d 610 (2007)


Facts

Ernest Castaneda (plaintiff) was a resident in a mobile-home park owned by George Olsher, Paule Olsher, and P&G Enterprises (defendants). There was a gang confrontation involving a resident of the mobile home across the street from Castaneda’s home. During the confrontation, Castaneda was shot and injured as a bystander. Castaneda sued, arguing that the defendants had a duty to: (1) not rent to known gang members, (2) evict the gang members due to the foreseeability of problems, and (3) hire security guards and maintain brighter lighting. Castaneda presented evidence that the defendants were aware of the gang activity within the mobile-home park. Castaneda also specifically offered evidence that the defendants knew that gang members resided in the home at issue. The trial court granted the defendants’ motion for nonsuit. The appeals court reversed this decision. The defendants appealed to the Supreme Court of California.

Rule of Law

Issue

Holding and Reasoning (Werdegar, J.)

Dissent (Kennard, J.)

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