Williams v. Fremont Corners, Inc.

*49 *658 Tayler L. Williams sued the Fremont Corners Shopping Center for negligence and premises liability after he was assaulted in its parking lot. His appeal concerns, as a measure of foreseeability, the scope of a landowner's duty to exercise reasonable care to discover that criminal acts are being committed or are likely to be committed on the premises. The trial court granted the defendant shopping center's motion for summary judgment after finding that it had no duty to take affirmative measures-beyond those in the record-to discover criminal activity on the premises. We will affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Parking Lot Assault

The Fremont Corners Shopping Center in Sunnyvale houses approximately 16 retail stores, including the Peacock Lounge. Defendant Fremont Corners, Inc. (Fremont Corners), owns and manages the shopping center. Jay Murray is the manager and vice president of Fremont Corners.

The Peacock Lounge is a bar. Williams is a drummer who performed at the bar on the evening of March 31, 2012. He was accompanied by his bandmate and two friends. After the band finished its set around 1:30 a.m. on April 1, 2012, Williams and a friend went outside…