Hawkins

David Anthony Rodriguez shot Michael William Hawkins outside an apartment complex. We affirmed Rodriguez’s convictions for attempted murder and related charges. (People v. Rodriquez (Dec. 21, 2005, C045870) [nonpub. opn.].)

In this case Hawkins sued the owners and managers of the apartment complex (collectively Wilton), alleging that Wilton was negligent in hiring Rodriguez as an apartment manager and security guard, and in allowing him to remain as a tenant after notice of his dangerous propensities, specifically, that Wilton knew Rodriguez had been convicted of manslaughter, and that he carried guns, used methamphetamine and threatened tenants while working for Wilton. The trial court granted Wilton’s motion for summary judgment and Hawkins timely appealed.

Hawkins first argues Wilton did not meet his burden to show a lack of triable issues. We agree. Wilton’s motion did not even purport to show that Hawkins could not prove his respondeat superior theory of recovery, that is that Rodriguez shot him while working for Wilton, and Hawkins appropriately raised this failing in the trial court. Because Wilton did not alternatively seek summary adjudication, we decline to…