Zuniga

Juan Zuniga and his extended family were residents of the Jordan Downs public housing project in the City of Los Angeles, which was operated by the Housing Authority of the City of Los Angeles (the Authority). After a fire set by arsonists killed five members of the family, the surviving members (appellants) filed a lawsuit against the Authority and the *90 City of Los Angeles (the City) for: (1) negligence; (2) negligent supervision; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (5) wrongful death; (6) loss of consortium; (7) breach of covenant of quiet enjoyment; (8) nuisance, and (9) federal civil rights violations pursuant to title 42, United States Code section 1983 . The Authority and the City each filed separate demurrers to the complaint which were sustained without leave to amend on March 5, 1993. 1 Appellants filed a notice of appeal on April 23, 1993, from the order “sustaining the Demurrer of Defendant Housing Authority . . . and the Demurrer of Defendant City of Los Angeles entered on March 5, 1993.” We reverse.

Factual Background

For purposes of this appeal, we accept the facts alleged in the complaint as…

I Dissent.

Whether this terrorist firebombing would have been deterred or prevented by even extraordinary protective measures is anyone’s guess. Causation must be shown by evidence; guesses are insufficient. I would affirm the order dismissing the complaint.

Respondents’ petitions for review by the Supreme Court were denied April 11, 1996. Kennard, J., and George, J., were of the opinion that the petitions should be granted.

Judge of the Municipal Court for the Los Angeles Judicial District sitting under assignment by the Chairperson of the Judicial Council.

Juan Zuniga and his extended family were residents of the Jordan Downs public housing project in the City of Los Angeles, which was operated by the Housing Authority of the City of Los Angeles (the Authority). After a fire set by arsonists killed five members of the family, the surviving members (appellants) filed a lawsuit against the Authority and the City of Los Angeles (the City) for: (1) negligence; (2) negligent supervision; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (5) wrongful death; (6) loss of consortium; (7) breach of covenant of quiet enjoyment; (8) nuisance, and (9) federal civil rights violations pursuant to title 42, United States Code section 1983 . The Authority and the City each filed separate demurrers to the complaint which were sustained without leave to amend on March 5, 1993. [1] Appellants filed a notice of appeal on April 23, 1993, from the order "sustaining the Demurrer of Defendant Housing Authority ... and the Demurrer of Defendant City of Los Angeles entered on March 5, 1993." We reverse.

(1) For purposes of this appeal, we accept the facts alleged in the complaint as true.…