Gregorian

Arden A. Gregorian (plaintiff) in a personal injury action appeals from a judgment of dismissal entered after the trial court sustained the motion for summary judgment of defendants, National Convenience Stores, Inc., et al.

Plaintiff was severely injured after being attacked and beaten while shopping at defendants’ Stop ’N’ Go Market. At issue here is whether defendants owed a duty to plaintiff to prevent an unexpected criminal attack by a marauding youth gang. We conclude that defendants have presented evidence sufficient to sustain a judgment in their favor, and that plaintiff has not dispelled that evidence by any showing of a factual dispute which should be submitted to a trier of fact. The judgment must therefore be affirmed.

This is little conflict in the evidence. Since this is, however, an appeal from a summary judgment, where such conflict appears in the papers submitted in support of and in opposition to the motion, we resolve those conflicts in favor of the nonmoving party (plaintiff herein). (MCA Records, Inc. v. Newton-John (1979) 90 Cal.App.3d 18, 21 [ 153 Cal.Rptr. 153 ]; Chesney v. Gresham (1976) 64 Cal.App.3d 120, 125 [ 134 Cal.Rptr. 238 ].)

The…