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Ilja M. v. Sarkis S.12/10/2004
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
While attending a party at a Westwood home on the night of November 17, 2001, minors Deanna M. (then 15 years old) and Sabrina B. were involved in a brief verbal and physical altercation. Thereafter, Sabrina telephoned her 17-year-old half-sister Katrina S. and asked her to come to the party and assist her. Katrina drove to the party. When Katrina arrived, she and Sabrina attacked Deanna. Katrina killed Deanna by stabbing her with a knife. Katrina and Sabrina drove off in Katrina's car. The next day, while in police custody, Katrina committed suicide.
Deanna's parents brought this wrongful death, survivors rights, and Civil Code section 1714.1 damages (involving parents' liability for willful misconduct of minors in their custody and control) case against the absent parents and their adult son who hosted the party; Sabrina; Katrina's and Sabrina's mother (Mother); Katrina's father Sarkis S. (Father); and Sabrina's father who also was Katrina's stepfather.
Father and Mother sought summary adjudication. Father argued he had neither custody of Katrina nor prior knowledge that she posed a danger to others. The trial court granted Father's but denied Mother's motions. Plaintiffs appealed the grant of summary adjudication for Father. Because the ruling left no causes of action pending against Father, soon thereafter, plaintiffs' case was dismissed against him. We construe plaintiffs' appeal to be from the judgment dismissing their case against Father, and the challenged ruling as granting Father summary judgment. (See Niederer v. Ferreira (1983) 150 Cal.App.3d 219, 222-223.) No other parties or rulings are involved in this appeal.
Plaintiffs contend the trial court erred in granting Father summary judgment. Plaintiffs argue Father had sufficient custody and control of Katrina to incur liability for her conduct, although he was not the primary custodial parent. Father responds the trial court correctly found he lacked such custody and control. Alternatively, Father argues there was no evidence Katrina ever physically attacked anyone before she killed Deanna, and thus he cannot have foreseen, or be liable for, Katrina's attack on Deanna.
We reject plaintiffs' contentions and affirm the summary judgment.
FACTS
After her parents' divorce when Katrina was two years old, Katrina's mother became Katrina's primary custodial parent. Katrina primarily lived with Mother and stepfather. Father was not the custodial parent, although Katrina frequently visited and occasionally lived with him. Father did not directly control or supervise Katrina when she lived with Mother and stepfather. On the evening Katrina killed Deanna, Katrina was living with Mother, as she had been for the preceding year and a half. Father remained involved with Katrina, who had a history of psychological, school, and drug and alcohol problems beginning in 8th grade and continuing until her death. The nature and extent of Katrina's problems, and Father's knowledge of them, formed the parties' primary factual dispute.
Father paid for all of Katrina's private school expenses, even when they exceeded the stipulated child support. Father also bought Katrina the car she used to drive to and from the murder scene.
Katrina attended Harvard Westlake School during 1997 and 1998. During that time, Katrina t
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