Mata

Shots fired into El Rio Bar from directly outside the front door killed one person and injured two others. The shots were fired right after an angry patron, who had been permanently banned from the premises, had been escorted out of the door for the second time that evening. Although a security guard was on duty with the responsibility of checking for weapons, no weapons had been apprehended from the banned patron. Although the premises included a small parking lot, the banned patron was never escorted out of the lot. We conclude that triable issues of material fact exist concerning the liability of the proprietor for the injuries and wrongful death, and accordingly reverse the summary judgment as to him. However, we also conclude that the trial court properly entered summary judgment in favor of the owner of the land, who was not in possession of the premises.

I. Factual Background

A. El Rio Bar

El Rio Bar was located on Highway 12 in Boyes Hot Springs, Sonoma County. Respondent Mario Mata was the proprietor of El Rio Bar from June 1995 through June 1999. Respondent Daniel Salata owned the premises and rented the property to Mario Mata. Salata never inspected the…