Legal Memorandum Victoria V vs U Shop Mall

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Interoffice Memorandum of Law TO: FROM: DATE: RE: Victoria V. v. U Shop Mall Statement of Assignment Prepare a predictive memorandum containing both my analysis and opinion as to whether filing a lawsuit on behalf of Victoria has merit. Also asks for any additional facts that I would like the investigator try to learn as well. Issue Under the tort of Negligence does U Shop Mall have the duty to protect its patrons from criminal acts of third parties? Brief Answer Yes, I feel that U Shop Mall was negligent in several instances. They had prior knowledge of several criminal acts that occurred on and near their property. Furthermore they were made aware of the parking lot light being out but because they did not have adequate inventory, the light bulb was not replaced. Statement of Facts At approximately 9:00 p.m., Victoria V., was sexually assaulted in the parking lot of U Shop Mall. She had arrived at the mall earlier during daylight hours. Knowing she would be leaving the mall after dark, she parked under a light. Unknown to her, the light was not working. The mall management had been made aware of this by their security guard 24 hours prior to Victoria’s assault they were however, out of replacement bulbs. The security guard patrols the mall’s two parking lots, one in front of the mall, and one in the back. Each lot takes approximately 30 minutes to patrol. Prior to the assault on Victoria, there had been reports of three cars being broken into and items stolen. There was also a report of a mugging of an elderly gentleman in the parking area. In addition, another sexual assault had taken place at another shopping center about two miles away a couple weeks prior to Victoria’s assault. U Shop Mall has no records of any other sexual assaults on their premises. Analysis In Ann M. v. Pacific Plaza Shopping Center, 6 Cal. 4th 666, 863

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