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VALENCIA v. MICHAUD

No. A083888.

94 Cal.Rptr.2d 268 (2000)

79 Cal.App.4th 741

Bertha VALENCIA, a Minor, etc., et al., Plaintiffs and Appellants, v. Terry MICHAUD et al., Defendants and Respondents. Juana Nunez, Plaintiff and Appellant, v. Terry Michaud et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

As Modified on Denial of Rehearing April 25, 2000.

Review Denied July 12, 2000.

Attorney(s) appearing for the Case

Steven J. Bell, San Francisco, Edward J. Niland, Jr., Saratoga, for Appellants.

Brian S. Kreger, Lamberto & Kreger, for Respondents.

WALKER, J.

In this opinion we seek to clarify an area that continues to generate confusion among trial and appellate courts. That is, how are the courts to analyze the question of duty in a negligence action brought by a tenant against a landlord, for injuries inflicted by a third party on the landlord's premises? In the case before us, Bertha Valencia (Bertha), a minor, was violently attacked and injured by Eric Umali (Eric), the adult son of Ricardo and Erlinda...

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