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VERDUGO v. TARGET CORP.

No. 10-57008.

770 F.3d 1203 (2014)

Michael VERDUGO, brother of Decedent; Rosemary Verdugo, mother, successor and heir of Mary Ann Verdugo, Decedent, Plaintiffs-Appellants, v. TARGET CORPORATION, a Minnesota corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted October 28, 2014.

Attorney(s) appearing for the Case

David Griffith Eisenstein , David G. Eisenstein Law Offices, Carlsbad, CA; Robert A. Roth , Tarkington, O'Neill, Barrack & Chong, Berkeley, CA, for Plaintiffs-Appellants.

Ryan Moore Craig and Benjamin R. Trachtman , Trachtman & Trachtman, Mission Viejo, CA; Donald Manwell Falk and Richard Caldarone , Mayer Brown LLP, Palo Alto, CA, for Defendant-Appellee.

Before: HARRY PREGERSON, SUSAN P. GRABER, and MARSHA S. BERZON, Circuit Judges.

OPINION

PER CURIAM:

Mary Ann Verdugo was shopping with her mother and brother in a Pico Rivera, California, Target when she experienced sudden cardiac arrest. There was no Automatic External Defibrillator ("AED") in the store, and by the time paramedics arrived, Verdugo had died. Verdugo's family sued Target, alleging that as a commercial property owner, Target had a common law duty to maintain an AED onsite. Ruling that Target had no such duty, the district...

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