7735 Hollywood Boulevard Venture v. Superior Court

We issued an alternative writ of mandate to review the trial court’s order overruling a demurrer to a complaint for personal injuries, which complaint is based on a novel theory of landowner’s liability for the criminal acts of third parties. We conclude that the complaint fails to state a cause of action and the demurrer should have been sustained.

Plaintiff instituted an action against the owner of an apartment house in which she is a tenant. The injury for which she seeks compensation resulted from a forceable rape committed against her by an intruder who forced entrance into her apartment. The crime was committed at approximately 4:30 in the morning.

The property owner’s liability for such injury is alleged to rest on a combination of two factors. (1) knowledge that violent crime, including burglary and rape, had occurred in the “general area, vicinity and neighborhood” within the previous six months; that some of these crimes, according to media accounts, were committed by the same person who had been dubbed “The westside rapist” and (2) negligent failure to replace a burned out light which had been “lighting the outside of plaintiff’s apartment.”

The complaint,…