Ann M. v. Pacific Plaza Shopping Center

*670 Opinion

We granted review in this case to determine whether the scope of the duty owed by the owner of a shopping center to maintain common areas within its possession and control in a reasonably safe condition includes providing security guards in those areas. We conclude that, under the facts of this case, the owner did not owe a duty to provide security guards.

I. Background

This case arises out of a civil complaint filed by Ann M. after she was raped at her place of employment. Unless otherwise indicated, the facts as stated herein are not in dispute. 1

On June 17, 1985, Ann M. was employed by the Original 60 Minute Photo Company, a photo processing service located in a secluded area of the Pacific Plaza Shopping Center (hereafter shopping center). The shopping center, owned and operated by defendants (hereafter sometimes collectively referred to as Pacific Plaza), is a strip mall located on Garnet Avenue in the Pacific Beach area of San Diego. Approximately 25 commercial tenants occupy the shopping center at any one time.

The lease between the photo store and the shopping center granted the owners of the shopping center the exclusive right to control the common…

I dissent.

The “prior similar incidents” test was thoroughly analyzed in Isaacs v. Huntington Memorial Hospital (1985) 38 Cal.3d 112 [ 211 Cal.Rptr. 356 , 695 P.2d 653 , A.L.R.4th 1747], and .this court held it to be improper. The opinion by Chief Justice Bird was unanimous, with then-associate Justice Lucas and me concurring completely in the rationale and result.

Now the majority purport to deal with Isaacs by “refinement” and a “revisit,” while they in effect revive the rejected “prior similar incidents” *681 test. Indeed, they “conclude that the requisite degree of foreseeability rarely, if ever, can be proven in the absence of prior similar incidents of violent crime on the landowner’s premises.” (Maj. opn., ante, p. 679, italics added.)

The Isaacs decision should be controlling in the instant case, the bottom line being that the issue of liability and what the majority gratuitously describe as “an unfair burden upon landlords” are factual matters that should be decided by a jury, not by summary judgment. I quote at length from the Isaacs opinion (38 Cal.3d at pp. 125-127):

“This rule [requiring prior similar incidents] is fatally flawed in numerous respects. First, the…

We granted review in this case to determine whether the scope of the duty owed by the owner of a shopping center to maintain common areas within its possession and control in a reasonably safe condition includes providing security guards in those areas. We conclude that, under the facts of this case, the owner did not owe a duty to provide security guards.

This case arises out of a civil complaint filed by Ann M. after she was raped at her place of employment. Unless otherwise indicated, the facts as stated herein are not in dispute. [1]

On June 17, 1985, Ann M. was employed by the Original 60 Minute Photo Company, a photo processing service located in a secluded area of the Pacific Plaza Shopping Center (hereafter shopping center). The shopping center, owned and operated by defendants (hereafter sometimes collectively referred to as Pacific Plaza), is a strip mall located on Garnet Avenue in the Pacific Beach area of San Diego. Approximately 25 commercial tenants occupy the shopping center at any one time.

The lease between the photo store and the shopping center granted the owners of the shopping center the exclusive right to control the common areas.…