Southland Corp. v. Superior Court

Petitioners, Southland Corporation (Southland) and Jan Lee, Inc. (Lee) (hereinafter collectively petitioners), claiming that they have no duty, as a matter of law, to a customer injured in a criminal assault after he left their property, seek writ relief compelling the respondent Superior Court to grant their motion for summary judgment. As we conclude that this record presents triable issues of fact with respect to (1) petitioners’ control over the property where the assault occurred and (2) the foreseeability of such assault, we deny the petition.

Factual and Procedural Background

On November 23, 1984, between 7 and 9 p.m., Victor Spencer (Spencer), real party in interest, and his companion, Neil McNeeley, parked in a vacant unpaved lot adjacent to a 7-Eleven Store owned and operated by petitioners. On his way back to his car, after making his purchases at the 7-Eleven, Spencer was attacked by three unknown persons at a location on the lot approximately ten feet beyond the easterly boundary of the property leased to the store. His assailants, whom he described as three young men dressed like “a punk rock trio,” approached him from behind, which was from the direction…

I respectfully dissent.

The majority has concluded that triable issues of fact exist respecting petitioner’s control over property owned by another and the foreseeability of a criminal assault which occurred there.

They would allow this matter to proceed against petitioner who claims no duty of care exists on behalf of a person who parks his vehicle, as a matter of personal convenience, on an unowned adjoining vacant lot where he is attacked by unknown assailants. The umbilicus of their reasoning is that inadequate parking existed and Spencer, who has never parked in the spaces provided, had a subjective and reasonable belief that Southland controlled the unpaved lot. They speculate as to increased sales from this off-premises parking and a realization of commercial benefit.

Unrealistically, they comment that petitioner did not erect signs or fences 1 to discourage customer parking in an adjacent area open to all citizens. In any event, the record reflects that in a seven-year period prior to this event no claim for a similar incident, no other crimes or other injuries *670 had been reported as concerns Southland’s business operation. So much for the triable issue of…

Fest & Williams and Gerry De Simone for Real Party in Interest.

OPINION

CROSKEY, J.

Petitioners, Southland Corporation (Southland) and Jan Lee, Inc. (Lee) (hereinafter collectively petitioners), claiming that they have no duty, as a matter of law, to a customer injured in a criminal assault after he left their property, seek writ relief compelling the respondent Superior Court to grant their motion for summary judgment. As we conclude that this record presents triable issues of fact with respect to (1) petitioners' control over the property where the assault occurred and (2) the foreseeability of such assault, we deny the petition.

On November 23, 1984, between 7 and 9 p.m., Victor Spencer (Spencer), real party in interest, and his companion, Neil McNeeley, parked in a vacant unpaved lot adjacent to a 7-Eleven Store owned and operated by petitioners. On his way back to his car, after making his purchases at the 7-Eleven, Spencer was attacked by three unknown persons at a location on the lot approximately ten feet beyond the easterly boundary of the property leased to the store. His assailants, whom he described as three young men dressed like "a punk rock trio," approached him…