Baker

Appeal by defendant City of Los Angeles from denial of a motion for judgment notwithstanding the verdict in a negligence action. Cross-appeal asking for limited new trial on issue of damages. Reversed.

The sole issue we need consider here is whether appellant owed a duty to respondent. All of the other issues argued by appellant and respondent are rendered moot by our decision that no duty existed.

Facts:

Respondent and her intoxicated husband (Marcus) had an argument in their apartment on January 5,1977, and Marcus threatened to shoot respondent. Respondent went to a neighboring apartment to call police officers employed by appellant. When the officers arrived they observed Marcus standing in the kitchen waving a gun. Marcus dropped the gun when ordered to do so. The officers decided that no crime had been committed but one of them, Officer Winter, confiscated the gun for respondent’s protection.

On the following night different police officers responded to another family disturbance call at the same residence. After respondent told the officers that Marcus had filed a false stolen property report to collect insurance, Marcus assaulted a police officer and was…