Saelzler v. Advanced Group 400

23 P.3d 1143, 107 Cal. Rptr. 2d 617, 25 Cal. 4th 763, 2001 Daily Journal DAR 5383, 2001 Cal. Daily Op. Serv. 4399, 2001 Cal. LEXIS 3252
CourtCalifornia Supreme Court
DecidedMay 31, 2001
DocketS085736
StatusPublished
Cited by672 cases

This text of 23 P.3d 1143 (Saelzler v. Advanced Group 400) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saelzler v. Advanced Group 400, 23 P.3d 1143, 107 Cal. Rptr. 2d 617, 25 Cal. 4th 763, 2001 Daily Journal DAR 5383, 2001 Cal. Daily Op. Serv. 4399, 2001 Cal. LEXIS 3252 (Cal. 2001).

Opinions

Opinion

CHIN, J.

We granted review in this case to consider important issues concerning the liability of apartment owners and other business enterprises to persons injured on their premises by the criminal acts of others, a liability based solely on the business owners’ negligent failure to provide adequate security measures to protect those who enter their property. The difficulty in resolving these issues is enhanced by the need to balance two important and competing policy concerns: society’s interest in compensating persons injured by another’s negligent acts, and its reluctance to impose unrealistic financial burdens on property owners conducting legitimate business enterprises on their premises.

In this case, we attempt to balance these interests consistent with prior case precedent. As will appear, we conclude (contrary to the Court of Appeal below) that the trial court properly granted summary judgment to defendants based on plaintiff’s failure adequately to demonstrate that defendants’ negligence was an actual, legal cause of her injuries. Here, plaintiff alleged she was assaulted on defendants’ premises by unknown assailants after she [767]*767attempted to deliver a package to an apartment resident. Although plaintiff’s evidence raised triable issues as to whether defendants owed her a duty of care and breached that duty by failing to provide additional security guards or functioning, locked security gates, her evidence was insufficient to show, as a triable factual issue, that defendants’ asserted breach of duty actually caused her injuries. Plaintiff acknowledges that her assailants were never apprehended and their identity remains unknown to her. Accordingly, she is unable to prove they would not have succeeded in assaulting her if defendants had provided additional security precautions.

Standard of Review

Because plaintiff appeals from an order granting defendants summary judgment, we must independently examine the record to determine whether triable issues of material fact exist. (Code Civ. Proc., § 437c, subd. (c); see Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 334 [100 Cal.Rptr.2d 352, 8 P.3d 1089] (Guz); Sharon P. v. Arman, Ltd. (1999) 21 Cal.4th 1181, 1188 [91 Cal.Rptr.2d 35, 989 P.2d 121] (Sharon P.); Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 673-674 [25 Cal.Rptr.2d 137, 863 P.2d 207] (Ann M.).) We stated in Sharon P., involving a similar negligence claim resolved on summary judgment, that “To prevail on her action in negligence, plaintiff must show that defendants owed her a legal duty, that they breached the duty, and that the breach was a proximate or legal cause of her injuries. (Ann M., supra, 6 Cal.4th at p. 673.) Since defendants obtained summary judgment in their favor, ‘we review the record de novo to determine whether [they have] conclusively negated a necessary element of the plaintiff’s case or demonstrated that under no hypothesis is there a material issue of fact that requires the process of trial.’ (Id. at pp. 613-61 A.)” (Sharon P., supra, 21 Cal.4th at p. 1188.)

We recently observed in Guz that amendments to the California summary judgment statute may have modified the foregoing traditional rule by clarifying that “a moving defendant could obtain summary judgment solely by showing after opportunity for discovery, that the opposing plaintiff had failed to present triable evidence crucial to his case [citation].” (Guz, supra, 24 Cal.4th at p. 335, fn. 7; see also id. at pp. 372-374 (conc. opn. of Chin, J.); Code Civ. Proc., § 437c, subd. (o)(2) [if defendant shows element of plaintiff’s case cannot be established, burden shifts to plaintiff to show triable issue of fact, a showing supported by “specific facts,” not mere “allegations or denials of its pleadings”]; Leslie G. v. Perry & Associates (1996) 43 Cal.App.4th 472, 482 [50 Cal.Rptr.2d 785] (Leslie G.).)

We agree that the amendments to Code of Civil Procedure section 437c have modified the rule recited in Sharon P. As stated in Scheiding v. [768]*768Dinwiddie Construction Co. (1999) 69 Cal.App.4th 64, 70 [81 Cal.Rptr.2d 360] (Scheiding), “We begin by observing that the nature of summary judgment in California has changed dramatically over the last 10 years. The shifting of the burden of producing evidence that lies at the heart of this appeal could not have occurred under the summary judgment law as it previously existed. Formerly, a moving defendant had to affirmatively negate a cause of action and could not attempt to rely on a plaintiff’s vague or otherwise insufficient responses to discovery. Prior to the amendments of section 437c, the burden of proof rested entirely on the moving party to establish a right to summary judgment by demonstrating the negative proposition that the opposing party could not prevail. [Citations.] In most cases, this was a burden impossible to bear.” (Italics added.)

Scheiding continued, pointing out that “The 1992 and 1993 amendments . . . did not change the fundamental requirement that the moving party prove its right to summary judgment, but did adopt the federal mechanism of burden shifting. The new statute expressly provided that the burden does not shift to a responding party until the moving party (in this context, as usual, a defendant or cross-defendant) has been able to ‘show’ that a cause of action has no merit ‘because an element of the claim cannot be established or there is a complete defense.’ Thus, the amended language of [Code of Civil Procedure] section 437c, like its counterpart Federal Rules of Civil Procedure, rule 56 (28 U.S.C.), now places the initial burden on the moving party, and shifts it to the opposing party upon a ‘showing’ that one or more elements of the cause of action cannot be established. [Citation.]” (Scheiding, supra, 69 Cal.App.4th at pp. 71-72, italics added; see also Union Bank v. Superior Court (1995) 31 Cal.App.4th 573, 581-592 [37 Cal.Rptr.2d 653] [legislative history of 1992 and 1993 amendments].)

Therefore, we must determine whether defendants in the present case have shown, through the evidence adduced in this case, including security records and deposition testimony, that plaintiff Saelzler has not established, and cannot reasonably expect to establish, a prima facie case of causation, a showing that would forecast the inevitability of a nonsuit in defendants’ favor. If so, then under such circumstances the trial court was well justified in awarding summary judgment to avoid a useless trial. (See Guz, supra, 24 Cal.4th at p. 374 (conc. opn. of Chin, J.).)

In performing our de novo review, we must view the evidence in a light favorable to plaintiff as the losing party (Molko v. Holy Spirit Assn. (1988) 46 Cal.3d 1092, 1107 [252 Cal.Rptr. 122, 762 P.2d 46]), liberally construing her evidentiary submission while strictly scrutinizing defendants’ own showing, and resolving any evidentiary doubts or ambiguities in plaintiff’s favor. (Marshak v. Ballesteros (1999) 72 Cal.App.4th 1514, 1517 [86

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23 P.3d 1143, 107 Cal. Rptr. 2d 617, 25 Cal. 4th 763, 2001 Daily Journal DAR 5383, 2001 Cal. Daily Op. Serv. 4399, 2001 Cal. LEXIS 3252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saelzler-v-advanced-group-400-cal-2001.