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MAY v. NINE PLUS PROPERTIES

No. F047375.

50 Cal.Rptr.3d 13 (2006)

143 Cal.App.4th 1538

Steven MAY, an Incompetent Person, etc., et al., Plaintiffs and Appellants, v. NINE PLUS PROPERTIES, Inc., Defendant and Respondent, CSAC Excess Insurance Authority, Intervener and Appellant.

Court of Appeal of California, Fifth District.

As Modified October 19, 2006.

Attorney(s) appearing for the Case

Law Offices of Tony J. Tanke, Tony J. Tanke; Law Offices of Gary L. Simms, Gary L. Simms; The Drivon Law Firm, Laurence E. Drivon and Davey L. Turner; Tabak Law Firm and Stewart M. Tabak for Plaintiffs and Appellants.

Hancock Rothert & Bunshoft, Duanne Morris, Max H. Stern, William S. Berman and Kate Cutler, San Francisco; Thayer, Harvey, Gregerson, Hedberg & Jackson, Dale H. Thayer, Modesto, and Graham S. Lopez for Defendant and Respondent.

Porter, Scott, Weiberg & Delehant, Carl L. Fessenden, Brendan J. Begley, Sacramento, and Thomas L. Riordon for Intervener and Appellant.

OPINION

HILL, J.

Absent "`special circumstances,'" the owner or bailee of a motor vehicle has no duty to protect third persons against the possibility a thief will steal the vehicle and injure them with it. (Avis Rent a Car System, Inc. v. Superior Court (1993) 12 Cal.App.4th 221, 15 Cal.Rptr.2d 711) (Avis). Leaving the keys in the ignition, and the...

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