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CASTANEDA v. OLSHER

No. S138104.

63 Cal.Rptr.3d 99 (2007)

41 Cal.4th 1205

162 P.3d 610

Ernest CASTANEDA, Plaintiff and Appellant, v. George OLSHER et al., Defendants and Respondents.

Supreme Court of California.

July 30, 2007.

Attorney(s) appearing for the Case

Sutherland & Gerber and Lowell F. Sutherland, El Centro, for Plaintiff and Appellant.

Horvitz & Levy, David M. Axelrad, Barry R. Levy, Kim L. Nguyen, Encino; Hollins • Schechter and Bruce Lee Schechter, Santa Ana, for Defendants and Respondents.

Heidi Palutke, Sacramento, for California Apartment Association as Amicus Curiae on behalf of Defendants and Respondents.

Bien & Summers, Elliot L. Bien and E. Elizabeth Summers, Novate, for Western Manufactured Housing Communities Association as Amicus Curiae on behalf of Defendants and Respondents.

Fred J. Hiestand, Sacramento, for The Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents.

Deborah J. LaFetra, Sacramento, for Pacific Legal Foundation as Amicus Curiae on behalf of Defendants and Respondents.

WERDEGAR, J.

Defendants George Olsher, Paule Olsher and P & G Enterprises (collectively Olsher) own a mobilehome park in which plaintiff Ernest Castaneda lived. Plaintiff was shot and injured while he was a bystander to a gang confrontation involving a resident of the mobilehome across the street from his. He sued Olsher contending Olsher had breached a duty not to rent to known gang members or to evict them when...

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