Legal Question in Civil Litigation in California

My car was stolen while in my appartment complex

I have been driving a 1977 Toyota Celica for sometime. I have moved into an appartment complex that has a parking space for one car per appartment. My car was parked in my space. In addition, there is a sercerity gate at all enterances of the complex. The gate that is close to my space worked for a short time when I first moved in but soon broke and hasn't worked up until a few weeks ago, when it was fixed, but again broke. The people who work here also live here and I am sure they are aware that the gate isn't working once again. My question is, do I have a case against the management who is aware that the gate is broken and who makes the gated communtity one of their biggest sellers to thier new renters. I don't have theft insurance on the car; will this make a difference? thank you


Asked on 11/26/98, 9:44 pm

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: My car was stolen while in

There are court cases that go both ways on this type of issue. You possibly have a case but perhaps a weak one. If you pursue it you just cross your fingers and make the best argument you can. It could go either way. You would at the very least have to show that they knew of a specific danger or risk of car theft present.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201


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Answered on 1/10/99, 4:42 am


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