Beverly Glen Music, Inc. v. Warner Communications, Inc.

2224 Cal.Rptr. 260, 178 Cal.App.3d 1142 (1986)

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Nature of the Case

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Facts

On April 11, 1988, Patricia was found dead in her apartment, the victim of an apparent homicide. At the time of her death, Patricia had signed a Residential Alarm Security Agreement but did not initial the back side of the agreement in the spaces provided. The alarm was working on the day in question. There was no sign of forced entry into the apartment. The trial court found that there was no defect in the mechanism of the security system, or regarding proper maintenance. The Court held that D bears no liability for the independent criminal act of her killer which resulted in her death. The only issue is whether D's failure to respond to the signaled intrusion was a contributory cause of her death. An alarm signal went off from the apartment at 10:33 a.m. on the morning of April 11, 1988. Patricia was found dead later that day. An alarm signal was received at 10:33 a.m., April 11, 1988. When no answer was received to the telephone call to Patricia's apartment, the apartment complex manager was called and told Network to disregard the alarm at 10:38 a.m. Patricia was found dead and P sued D who claimed that the limitation of liability clause that Patricia had signed was valid. The court-certified questions to that effect.