Regents v. Super. Ct.Annotate this Case
Katherine Rosen filed a negligence action against defendants, alleging that they breached their duty of care by failing to adopt reasonable measures that would have protected her from another student’s foreseeable violent conduct. The student, Damon Thompson, was treated by the school months before the attack for symptoms indicative of schizophrenia disorder, including auditory hallucinations and paranoid thinking. The trial court denied defendants' motion for summary judgment. The court concluded that UCLA did not owe a legal duty to protect Rosen from third party criminal conduct based on her status as a student; UCLA did not owe a duty to protect Rosen based on her status as an invitee onto the property; Rosen failed to establish a triable issue of material fact whether UCLA owed a duty of care under the negligent undertaking doctrine; Rosen failed to produce evidence establishing the existence of a triable issue of material fact whether a UCLA psychologist who treated Thompson had a duty to warn under Civil Code section 43.92; and Rosen failed to establish the existence of a triable issue of fact regarding either of her newly-raised theories of liability. Accordingly, the court granted defendants' petition for writ of mandate.