Yu Fang Tan v. Arnel Management Company
California Court of Appeal
170 Cal. App. 4th 1087 (2009)
- Written by Ross Sewell, JD
Facts
One evening, Yu Fang Tan (plaintiff) was carjacked in an ungated parking lot of his apartment. Tan was shot and left a quadriplegic. Tan sued the management and property owners of his apartment, Arnel Management Company and Pheasant Ridge Investment Company (the managers) (defendants), for failure to properly secure their premises against foreseeable criminal acts of third parties. Although Tan presented evidence of three increasingly violent crimes occurring within two years of his attack, the trial court did not find that they were sufficiently similar because they did not involve a carjacking or gunshot victims. The trial court held that the managers did not owe a duty to implement Tan’s proposed security measures to protect its tenants. The court granted the managers’ motions for judgment on the pleadings. Tan appealed.
Rule of Law
Issue
Holding and Reasoning (Aldrich, J.)
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