Riley

Riley v. Marcus

Good Law
125 Cal. App. 3d 103·177 Cal. Rptr. 827·1981 Cal. App. LEXIS 2302
Court of Appeal of CaliforniaOctober 30, 1981Civ. 61087California1,975 words

Opinion

Opinion

Wolf, J.

Plaintiff, a tenant in an apartment building in Santa Monica owned by defendants, filed the instant action against her landlord contending that defendants negligently failed to maintain the demised premises in a safe condition by failing to provide adequate lighting and adequate door locks, the absence of which resulted in the entry into plaintiffs apartment of an intruder who raped her.

The trial court granted defendants’ motion for summary judgment and plaintiff has appealed from the judgment which followed.

The documents which were filed in support of the motion for summary judgment consisted of the declaration of Alan R. Maler, counsel for defendants, which made reference to an excerpts from the plaintiffs deposition and her answers to interrogatories, and the declarations of defendants Eva Marcus and Jack Marcus. In opposition to the motion, plaintiff offered portions of her deposition and submitted the declara tion of an expert witness, a Santa Monica police officer. This evidence established the following: The defendants’ apartment house was a ten-unit, two-story building on Lincoln Boulevard in Santa Monica. In March 1977, defendants rented a second floor…

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