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Case Name Garcia v. Oceans Sports Bar, Inc.
Date 04/28/2010
Note A bar did not owe a bouncer a duty of care to protect him from a parking lot shooting because it was not foreseeable.
Citation B217207
WCC Citation WCC 36182010 CA
FACTS Plaintiffs' father, Reyes A. Garcia (Garcia) worked as a doorman/bouncer at Oceans, located at 14302 Telegraph Road in a strip mall in the City of Whittier. Plaintiffs alleged that while Garcia was working at Oceans on February 9, 2007, a group of men in gang attire attempted to enter Oceans. Plaintiffs alleged that when the men attempted to enter Oceans, Garcia told them to leave the bar and parking lot. While Garcia was in the parking lot, Nunez, who was one of the men who Garcia had kept out of the bar, shot and killed Garcia. They sought adjudication that Garcia was not an employee of Oceans; Oceans did not own or control the property on which Garcia was killed; Oceans did not owe Garcia a duty to protect him from Nunez's unforeseeable criminal acts; Oceans did not breach any duty to Garcia; and Oceans' acts or omissions were not the proximate cause of Garcia's death.

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