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Calvillo-Silva v. Home Grocery12/17/1998
Filed 12/17/98 (Corrected version)
Section 847 of the Civil Code provides that in certain circumstances an owner of any estate or other interest in real property shall not be liable for injuries that occur upon the property during or after the injured person's commission of any one of twenty-five felonies listed in the statute. (§ 847, subds. (a)-(e).) Explicitly, however, section 847 "does not limit the liability of an owner or an owner's agent which otherwise exists for willful, wanton, or criminal conduct, or for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity." (Id., subd. (f).)
In this case, the trial court granted defendants' motion for summary judgment on the basis that section 847 barred the action. The evidence showed that one of the defendants intentionally fired a handgun at one of several men exiting their store after an armed robbery attempt and that plaintiff Salvador Calvillo-Silva, rendered a paraplegic from the shooting, was later convicted of the felony of attempted grand theft in connection with the criminal episode. The Court of Appeal reversed, finding that section 847 does not limit liability for intentional shootings. We granted review to determine the scope of the statutory immunity, and in particular to consider whether section 847 protects the intentional use of deadly force when a statutorily enumerated felony has been committed.
Application of settled rules of statutory construction leads us to conclude that when the statutory predicates have been established, an owner is entitled to immunity pursuant to section 847 unless, as mentioned in subdivision (f) of the statute, liability "otherwise exists for willful, wanton, or criminal conduct, or for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity." Consistent with established principles of tort law, we find that the statutory reference to willful or wanton conduct relates to intentional wrongful conduct, done either with a knowledge that serious injury to another will probably result, or with a wanton and reckless disregard of the possible results. So construed, the immunity granted by section 847 extends not only to negligent conduct, but also to intentionally injurious acts that are justifiable under the circumstances (see § 50 [codifying the privileges of self-defense, defense of others and defense of property]) and hence not wrongful.
Although we disagree with the Court of Appeal's Conclusion that the intentional use of deadly force is categorically excepted from the scope of section 847's immunity, we affirm that court's decision to reverse the grant of summary judgment because the evidence in the record gives rise to conflicting inferences as to whether defendants' use of force was justified under the circumstances.
Factual and Procedural History
On October 11, 1991, plaintiffs Salvador and Bertha Calvillo-Silva filed a complaint against Home Grocery, its owners (John Pacheco and Ramon Block), its employees (Don Pacheco and Robert Sharp III), and the lessor of the premises (Daniel Dieguez), seeking compensatory and punitive damages for injuries inflicted upon plaintiff Salvador Calvillo-Silva on the premises where Home Grocery was located. The complaint alleged causes of action for assault and battery, general negligence, intentional and negligent infliction of emotional distress, premises liability and loss of consortium. In their answers, defendants asserted several affirmative defenses, including contributory negligence, self-defense and defense of property, but they did not rely on the immunity provisions of section 847.
In
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