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WIENER v. SOUTHCOAST CHILDCARE CENTERS

No. S116358.

12 Cal.Rptr.3d 615 (2004)

88 P.3d 517

32 Cal.4th 1138

Aaron WIENER et al., Plaintiffs and Appellants, v. SOUTHCOAST CHILDCARE CENTERS, INC., et al., Defendants and Respondents.

Supreme Court of California.

May 6, 2004.

Attorney(s) appearing for the Case

Law Offices of Ginsburg & Hlywa and Evan L. Ginsburg, Fullerton, for Plaintiffs and Appellants Aaron Wiener and Pamela Wiener.

Law Offices of Federico C. Sayre, Federico C. Sayre, Daniel H. Cargnelutti and Emery El-Habiby, Santa Ana, for Plaintiffs and Appellants Eric Soto and Cindy Soto.

McKay, Byrne & Graham, John P. McKay, Michael P. Acain, Michael A. Byrne and David R. Denton, Los Angeles, for Defendant and Respondent First Baptist Church of Costa Mesa.

Jeffery & Grosfeld, Mona J. Jeffery; Harris & Green, Lon Harris, Gray L. Green, Los Angeles, and Gregory Heuser, Costa Mesa, for Defendant and Respondent Southcoast Childcare Centers, Inc.

Stutz, Artiano, Shinoff & Holtz, Daniel R. Shinoff, Paul V. Carelli IV and Jack M. Sleeth, Jr., San Diego, for The Educational Legal Alliance of the California School Boards Association as Amicus Curiae on behalf of Defendant and Respondent Southcoast Childcare Centers, Inc.

Deborah J. La Fetra, Sacramento, for Pacific Legal Foundation and Pacific Justice Institute as Amici Curiae on behalf of Defendants and Respondents.

CHIN, J.

We granted review in this case to determine whether a child care center and its property owner should be liable in tort for a third party's intentional criminal act against the center's children when there had been no reported prior similar criminal acts or indeed any similar activity on or near the child care premises. As will appear, we conclude that under Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666

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