Millsom
PAMELA W. v. Millsom
Opinion
Opinion
Nares, J.
Pamela W. (Pamela) appeals from entry of summary judgment terminating her suit against her landlords and the condominium association governing the four-unit Pacific Beach complex in which she lived. She asserts the trial court in this case improperly determined the defendants were under no duty to have taken security measures which might have prevented the rapist who assaulted her in her home from having accomplished his crime. The trial judge found that the assault and rape of Pamela were not foreseeable to the degree which would have imposed a legal duty upon the defendants. Pamela asserts this determination was a question of fact, not law, and also that it was erroneously made. Under controlling authority, we reject these challenges, and affirm the judgment.
Facts and Procedure
Beginning on the first of March 1989, Pamela leased from defendants Mark Millsom, Sr., Sharon Millsom, and Mark Millsom, Jr. (collectively, the Millsoms), one condominium unit of a four-unit, two-building project known as Sand Dollar Court, located on Reed Street in Pacific Beach. The units are governed by the defendant Sand Dollar Court Owners Association (Sand Dollar).