Penner

Scott Penner (herein appellant) appeals from a judgment (order of dismissal) entered February 23, 1983, after demurrer to his third amended complaint was sustained without leave to amend.

facts

In August 1980, appellant was a tenant in an apartment building. The apartment building was “owned, operated, managed, controlled, main tained, equipped, inspected, illuminated, supervised, guarded, [and] provided security for” by respondents.

On August 5, 1980, while he was on the premises, appellant “was accosted and assaulted by two (2) non-tenant intruders who were waiting in the common hallway of said premises.” As a result of the robbery, burglary, false imprisonment, batteries, assaults and physical harm, appellant sustained injuries. In the first cause of action appellant sought both compensatory and punitive damages on a negligence theory. In the second cause of action for breach of warranty of habitability, appellant sought only compensatory damages.

The third amended complaint contained the following allegations:

Issues

The issues before us are: (A) Does the third amended complaint set out a cause of action against respondents for negligence? (B) If so, has there…