7735 Hollywood Boulevard Venture v. Superior Court

Opinion

COMPTON, J.

We issued an alternative writ of mandate to review the trial court’s order overruling a demurrer to a complaint for personal injuries, which complaint is based on a novel theory of landowner’s liability for the criminal acts of third parties. We conclude that the complaint fails to state a cause of action and the demurrer should have been sustained.

Plaintiff instituted an action against the owner of an apartment house in which she is a tenant. The injury for which she seeks compensation resulted from a forceable rape committed against her by an intruder who forced entrance…