Saelzler

In this case, the trial court reluctantly granted summary judgment against a delivery woman despite evidence the apartment complex where she was assaulted had experienced many prior crimes and similar assaults and yet had not provided adequate security. The trial court felt compelled to grant the summary judgment under the decision in Nola M. v. University of Southern California (1993) 16 Cal. App.4th 421 , 20 Cal.Rptr.2d 97 ( Nola M. ) because the assailants had not been apprehended and the plaintiff was in no position to prove they would not have attacked her even were proper security precautions in place. We conclude that barring unusual circumstances the complete absence of required security measures is sufficient to create a triable issue this breach of duty was a contributing cause of crimes committed at the unsecured location. Accordingly, we reverse.

Consistent with the standard of review for summary judgments, we summarize the evidence from the perspective most favorable to the losing party.

At the time of this incident, March 15, 1996, appellant Marianne Saelzler was an employee of Federal Express. Respondents were owners of the Sherwood Apartments, a…