Titus

INTRODUCTION

James Hauser (Hauser) was a passenger in a car driven by Jack Incorvia (Incorvia) within the community of Canyon Lake. Incorvia, who was intoxicated, drove the car off a road into a tree, killing Hauser. Hauser’s child brought an action against, among others, the Canyon Lake Property Owners Association (CLPOA) and Barton Protective Services, Inc. (Barton) for damages arising from Hauser’s death. CLPOA and Barton separately demurred to plaintiff’s second amended complaint, which the trial court sustained without leave to amend. Judgments were entered in favor of CLPOA and Barton. We affirm.

FACTUAL ALLEGATIONS

Plaintiff’s second amended complaint alleged five causes of action arising from the death of plaintiff’s father. Only the fourth cause of action, titled “Premises Liability,” was asserted against CLPOA and Barton. This purported cause of action alleges the following facts: Property owners within the “privately owned and operated community” of Canyon Lake (Community) are “prime” members of CLPOA. CLPOA is a “mutual benefit nonprofit corporation” which owns, maintains, and operates the common areas and facilities, including streets, within the…