Through successful motions and appeal, Horvitz & Levy prevailed on behalf of its client in an action arising from a shooting at apartment complex.
Several years ago, we prevailed in an appeal from a summary judgment in favor of several defendants. The first action was brought by tenants at the apartment complex who sued our client, AWI, the apartment complex’s management company (and others) for failing to prevent the shooting. The Court of Appeal affirmed the summary judgment, holding AWI owed plaintiffs no duty to prevent the shooting because it had no reason to know of the assailant’s violent propensities.
Two of the tenants filed new actions in which they sought to relitigate the same claims against AWI on which they lost in the prior action. We assisted trial counsel with preparing demurrers based on res judicata, which the trial court sustained. Plaintiffs then appealed from the judgments of dismissal in the two actions. Agreeing with our arguments, the Court of Appeal dismissed the appeal as to one of the plaintiffs and issued an opinion affirming the judgment of dismissal as to the other.