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Castaneda v. Olsher

Supreme Court of California

162 P.3d 610 (2007)

Relevant factsFree

Castaneda (plaintiff) was shot as a bystander during a gang confrontation involving a resident across the street in a mobile-home park owned by the defendants; Castaneda sued, arguing the owners had a duty to avoid renting to known gang members, to evict them once discovered, and to hire security or improve lighting, presenting evidence the owners knew of general gang activity in the park and specifically in the home involved. The trial court granted the defendants nonsuit, the appeals court reversed, and the defendants appealed to the California Supreme Court.

IssueFree

Whether a landlord owes a duty to withhold rental units from known or suspected gang members, or to evict them, to prevent injury to other residents from foreseeable gang violence.

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