Carrera

The plaintiffs and appellants in this consolidated action appeal a judgment following a grant of summary judgment in favor of defendant and respondent Maurice J. Sopp & Son, a California corporation (Sopp). Plaintiffs assert causes of action for wrongful death, negligence and loss of consortium against Sopp. The deaths and injuries giving rise to this suit were caused by one Raymond Bermudez, a paroled gang member who stole a tow track, parked with the key in the ignition, from Sopp’s open premises. Absent “special circumstances,” the owner or bailee of a motor vehicle has no duty to protect third persons against the possibility a thief will steal the vehicle and injure them with it. (Richards v. Stanley (1954) 43 Cal.2d 60, 65-66 [ 271 P.2d 23 ] (Richards); Richardson v. Ham (1955) 44 Cal.2d 772, 775-777 [ 285 P.2d 269 ] (Richardson); Hergenrether v. East (1964) 61 Cal.2d 440, 445-446 [ 39 Cal.Rptr. 4 , 393 P.2d 164 ] (Hergenrether); Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 183-186 [ 203 Cal.Rptr. 626 , 681 P.2d 893 ] (Palma); Ballard v. Uribe (1986) 41 Cal.3d 564, 573 [ 224 Cal.Rptr. 664 , 715 P.2d 624 ] (Ballard); Avis Rent a Car System, Inc. v.…