Spencer v. Safeguard Properties, LLC CA1/1
Plaintiff Eugene Spencer was one of several individuals who, along with two deputy sheriffs, were at a foreclosed residential property to conduct an eviction and “trash out.” As the locksmith was in the process of unlocking the front door, the spouse of the former owner shot through the door. Two bullets struck Spencer. He subsequently
sued 13 defendants, including the bank that purchased the foreclosed property and the realty company the bank hired to periodically check on and ultimately sell the property.
The trial court sustained demurrers by the bank and realty company without leave to amend, ruling these defendants owed no duty of care to Spencer to warn of or protect against the potentially murderous criminal conduct. We reverse as to the bank, concluding that the additional allegations Spencer has proffered on appeal, both in his briefing and at oral argument, suffice to survive a demurrer. We affirm, however, as to the realty company.
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