Sakai

Sakai v. Massco Invs., LLC

Good Law
20 Cal. App. 5th 1178·229 Cal. Rptr. 3d 775
Court of Appeal of CaliforniaFebruary 8, 2018B279275California4,332 words

Opinion

lead Opinion

Johnson, J.

*1181 Travis Sakai (Sakai) sued Massco Investments, LLC, (Massco) for negligence and premises liability after he was struck and then dragged by a vehicle exiting Massco's parking lot. The trial court granted summary judgment to Massco on the ground that there was "no foreseeability and no duty." On appeal, Sakai argues that the trial court erred because the accident was reasonably foreseeable. We disagree and, accordingly, affirm.

BACKGROUND

I. The accident

Massco owned a Union 76 gas station in Los Angeles, which it leased to the owners of a taco truck from 4:00 p.m. to 3:00 a.m., Monday through Sunday. The busiest *778 nights for the taco truck were Friday and Saturday. *1182 Although the lease did not expressly require the taco truck owners to provide security or parking lot attendants, Massco believed that an "outside security man" hired by the taco truck's owners would keep their customers' cars "organized on their part of the lot."

On Sunday, August 25, 2013, at approximately 2:00 a.m., Sakai, his wife (collectively with Sakai, Plaintiffs), and a friend drove into Massco's parking lot to get food from the taco truck. At that time, the parking lot was "crowded." Sakai…

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