Rotman

Plaintiff Uri Rotman filed a complaint for damages for negligence and breach of an oral agreement. The trial court granted a motion for a nonsuit on the contract cause of action at the close of plaintiff’s case-in-chief on grounds that there was no evidence to support the allegation that there was an oral contract to provide security services to plaintiff. The court granted a motion for a directed verdict on the negligence cause of action at the conclusion of defendant’s case.

Plaintiff appeals, contending that he was owed a duty on both the contract and negligence causes of action. We affirm.

Facts

Plaintiff Rotman testified that he had, since 1980, conducted a jewelry business by leasing space in an open air market run by defendant Maclin Markets, Inc. The market premises consisted of eight to ten fenced acres. Approximately 300 vendors sell goods at the market 2 days a week. Defendant employed three security guards for the premises.

On December 31, 1985, Mr. Rotman arrived at the market. At that time, 7:45 a.m., the market was open to vendors, but not to the general public. Following his usual procedure, he parked his car next to his stand, unloaded his jewelry…

I agree with the majority that Rotman failed to introduce evidence to support the existence of a contract to provide security services to Rotman. Accordingly, I concur in the majority's disposition regarding the contract cause of action. However, I respectfully dissent from the affirmance of the directed verdict on the negligence cause of action. In my evaluation, the jury could have found that Maclin had assumed the duty to provide security. The first cause of action of Rotman's complaint alleges that Maclin negligently failed to provide adequate security for the vendors in the market, as a proximate result of which Rotman's jewelry was stolen. After the nonsuit was granted as to the contractual claim, the jury trial proceeded as to the negligence theory. After Maclin had rested its defense, and at the trial court's suggestion, Maclin moved for a judgment of nonsuit and for a directed verdict on the ground that Rotman had failed to present evidence that Maclin had a duty to protect Rotman's property, relying on Royal Neckwear Co. v. Century City, Inc. (1988) 205 Cal.App.3d 1146 [ 252 Cal.Rptr. 810 ] ( Royal Neckwear ). 1 In response to Maclin's contention that it had no duty to…

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1711 OPINION Plaintiff Uri Rotman filed a complaint for damages for negligence and breach of an oral agreement. The trial court granted a motion for a nonsuit on the contract cause of action at the close of plaintiff's case-in-chief on grounds that there was no evidence to support the allegation that there was an oral contract to provide security services to plaintiff. The court granted a motion for a directed verdict on the negligence cause of action at the conclusion of defendant's case. Plaintiff appeals, contending that he was owed a duty on both the contract and negligence causes of action. We affirm. FACTS Plaintiff Rotman testified that he had, since 1980, conducted a jewelry business by leasing space in an open air market run by defendant Maclin *Page 1712 Markets, Inc. The market premises consisted of eight to ten fenced acres. Approximately 300 vendors sell goods at the market 2 days a week. Defendant employed three security guards for the premises. On December 31, 1985, Mr. Rotman arrived at the market. At that time, 7:45 a.m., the…