Medina
Medina v. Hillshore Partners
Opinion
Lead Opinion
Yegan, J.
Norma Laura Medina, individually and as guardian ad litem for her son Carlos Antonio Medina, appeals from a judgment of dismissal entered after the trial court sustained, without leave to amend, the demurrer of respondents Hillshore Partners doing business as Hillshore Garden Apartments, James Boyd, and Interstate Equities Corporation (hereafter landowner).
*480 Appellants contend that landowner was liable for the death of Juan Carlos Medina because gang members were allowed to congregate in and around a Santa Barbara apartment complex owned by landowner. The gang assaulted the decedent, who was walking near the apartments, and chased him down a dead-end street. One of the gang members, a nonresident of the apartment complex, shot and killed decedent. The trial court ruled that the first amended complaint failed to state a cause of action for negligence or premises liability. We affirm.
The Complaint
The first amended complaint alleges that Julio Rea resided at the Hillshore Garden Apartments, owned and managed by landowner. Rea and defendants, Jose Rogelio Arroyo, Anthony Ortega, John Villa, Edgar S., and Eric S., were members of a street gang called the…
Dissenting Opinion
Stone, J.
I dissent.
Appellants’ complaint states that the Westsiders gang used respondents’ property as their gang headquarters. The headquarters was established there because some of the gang members were respondents’ tenants. At these headquarters, gang members conspired to and did commit a multitude of violent crimes on and adjacent to respondents’ premises. Tenants and law enforcement officials repeatedly complained to respondents about the gang’s criminal activities. Respondents had a clause in their lease giving them the power to evict tenants for committing criminal acts on their property. Respondents did not utilize this clause to evict gang members. As a result, gang activities continued on respondents’ property and in the surrounding neighborhood. These activities constituted a dangerous condition which proximately caused the victim’s death. After walking past respondents’ premises, Westsiders gang members chased him from respondents’ property *487 to a dead-end street near respondents’ property—allegedly within the gang’s territory—and one of the gang members shot him in the head. These allegations state a cause of action against respondents.
The trial court not only…
Opinion
Norma Laura Medina, individually and as guardian ad litem for her son Carlos Antonio Medina, appeals from a judgment of dismissal entered after the trial court sustained, without leave to amend, the demurrer of respondents Hillshore Partners doing business as Hillshore Garden Apartments, James Boyd, and Interstate Equities Corporation (hereafter landowner).
Appellants contend that landowner was liable for the death of Juan Carlos Medina because gang members were allowed to congregate in and around a Santa Barbara apartment complex owned by landowner. The gang assaulted the decedent, who was walking near the apartments, and chased him down a dead-end street. One of the gang members, a nonresident of the apartment complex, shot and killed decedent. The trial court ruled that the first amended complaint failed to state a cause of action for negligence or premises liability. We affirm.
The first amended complaint alleges that Julio Rea resided at the Hillshore Garden Apartments, owned and managed by landowner. Rea and defendants, Jose Rogelio Arroyo, Anthony Ortega, John Villa, Edgar S., and Eric S., were members of a street gang called the "Westsiders."