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AVILA v. JADO PROPERTIES, INC.

No. B153932.

5 Cal.Rptr.3d 141 (2003)

112 Cal.App.4th 405

Guillermo AVILA et al., Plaintiffs and Appellants, v. JADO PROPERTIES, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Eight.

Review Granted January 14, 2004.

Attorney(s) appearing for the Case

Law Offices of George B. Pacheco and George B. Pacheco, Montebello, for Plaintiff and Appellant Guillermo Avila.

Moreno, Becerra, Guerrero & Casillas and Danilo Becerra, Montebello, for Plaintiff and Appellant Jeremiah Del Real.

Horvitz & Levy, Peter Abrahams, Encino, and Orly Degani, San Francisco; Schaffer, Lax, McNaughton & Chen, Kevin J. McNaughton and Jill A. Franklin, Los Angeles, for Defendant and Respondent.

COOPER, P.J.

In this premises liability and negligence case, we hold that the trial court erred in granting summary judgment in favor of a landowner who owed the Appellants a contractual duty to provide security in a nonnegligent manner. The record reveals triable issues of material fact regarding (1) the scope of the landowner's contractual duty; (2) whether the landowner breached its contractual duty; and (3) whether there is a substantial link between the alleged...

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