Regents of University of California v. Superior Court of Los Angeles County (Rosen)
Regents of the University of California v. Superior Court of Los Angeles County, 4 Cal. 5th 607, 413 P.3d 656 (2018), was a case in which the Supreme Court of California held that universities owe a duty to protect students from foreseeable violence during curricular activities.[1][2] In an opinion by Justice Carol Corrigan, the Court reinstated the 2010 case in which Katherine Rosen, a former UCLA student, sued the university for negligence when another student stabbed her in a chemistry lab. Following this ruling, Rosen can continue to pursue the case in court.[3][4][5][6][7]
| Regents of the Univ. of Cal. v. Superior Court (Rosen) | |
|---|---|
 | |
| Argued January 3, 2018 Decided March 22, 2018 | |
| Full case name | The Regents of the University of California, et al., Petitioners, v. The Superior Court of Los Angeles County, Respondent; Katherine Rosen, Real Party in Interest. |
| Citation(s) | 4 Cal.5th 607 (2018); 230 Cal. Rptr. 3d 415; 413 P.3d 656 |
| Holding | |
| A university has a special relationship with its students, and thus has a duty to protect them from foreseeable violence in classroom or curricular settings. | |
| Court membership | |
| Chief Justice | Tani Cantil-Sakauye |
| Associate Justices | Carol Corrigan, Goodwin Liu, Mariano-Florentino Cuéllar, Leondra Kruger, James A. Richman[a] |
| Case opinions | |
| Majority | Corrigan, joined by Cantil-Sakauye, Liu, Cuéllar, Kruger, Richman |
| Concurrence | Chin |
Prior history
editRosen's action alleged that the university breached its duty of care by failing to adopt reasonable measures that would have protected her from another student's violent on-campus attack. The Court of Appeal, Second Appellate District, Division Seven initially held that a public university had no general duty to protect its students from criminal acts of other students, thus the university's summary judgment motion was wrongly denied by the superior court.[8][9][10][11]
See also
editNotes
edit- ^ Associate Justice of the First District of the California Court of Appeals, filling vacant seat.
References
edit- ^ "Regents of University of California v. Superior Court of Los Angeles County Justia Opinion Summary". Justia. March 22, 2018. Retrieved March 27, 2018.
- ^ Regents of the Univ. of Cal. v. Superior Court (Rosen), 4 Cal.5th 607 (2018).
- ^ Thanwala, Sudhin (March 22, 2018). "Court: California colleges have duty to protect students". The Sacramento Bee. ISSN 0890-5738. Archived from the original on March 26, 2018.
- ^ Preal, Jacob (March 22, 2018). "California Supreme Court rules alumna can sue UCLA for 2009 stabbing". Daily Bruin. Retrieved March 26, 2018.
- ^ Dolan, Maura (March 22, 2018). "In ruling for victim in UCLA attack, California Supreme Court says universities should protect students". Los Angeles Times. Retrieved April 5, 2018.
- ^ Kelderman, Eric (March 23, 2018). "Court Decision May Signal More Legal Liability for Colleges Over Violent Crimes". The Chronicle of Higher Education. Retrieved April 5, 2018.
- ^ Carter, Jarrett (March 27, 2018). "Court sets new standard for campus liability". Education Dive. Retrieved April 5, 2018.
- ^ Ceasar, Stephen (October 8, 2015). "Public colleges not liable for violence on campus, appeals court rules". Los Angeles Times. Retrieved January 15, 2018.
- ^ Goldberg, John C. P.; Zipursky, Benjamin C. (November 6, 2015). "Missing the Mark on Duty, Again. Regents v. Superior Court". New Private Law Blog. Project on the Foundations of Private Law, Harvard Law School. Retrieved January 15, 2018.
- ^ Regents of the Univ. of Cal. v. Superior Court (Rosen), 240 Cal.App.4th 1296 (2015).
- ^ Ceasar, Stephen. "California Supreme Court to review opinion in UCLA stabbing case". Los Angeles Times. Retrieved March 7, 2018.
External links
edit- Text of Regents of the University of California v. Superior Court (Rosen) is available from: Findlaw Justia Casetext CEB California Courts (slip opinion)