Regents of the Univ. of Cal. v. Superior Court of L. A. Cnty.

Good Law
240 Cal. Rptr. 3d 675·29 Cal. App. 5th 890
Court of Appeal of CaliforniaDecember 3, 2018B259424California10,946 words

Opinion

Lead Opinion

Zelon, J.

*894 Katherine Rosen, a student at the University of California at Los Angeles, was severely injured after being attacked by another student who had been receiving treatment for mental illness. Rosen filed a negligence action alleging that university personnel failed to take reasonable measures to protect her from the perpetrator's foreseeable violent conduct. Defendants moved for summary judgment, arguing that postsecondary schools do not have a duty to protect their students from third-party misconduct. The trial court denied the motion, finding that the defendants owed Rosen a duty of care, and that triable issues of fact existed whether they had breached that duty.

The defendants challenged the order through a petition for writ of mandate. A divided panel of this court granted the petition based on a finding of no duty. In *895 Regents of University of California v. Superior Court (2018) 4 Cal.5th 607 , 230 Cal.Rptr.3d 415 , 413 P.3d 656 ( Regents ), the Supreme Court reversed our decision, holding that colleges and universities have a "duty to use reasonable care to protect their students from foreseeable acts of violence in the classroom or during curricular activities." (…

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