In Margaret W. v. Kelley R. (2006) 139 Cal.App.4th 141, the 15-year-old plaintiff and one or two other girls were invited for a sleepover with the defendant's daughter. The defendant went out for the evening, instructing the girls that they could not have a party, could not invite boys over and could not drink alcohol. While the defendant was away, boys came over and the group began drinking. The plaintiff eventually voluntarily left with the boys. Later that evening when the defendant returned home at the urging of one of the other girls, she tended to her daughter who had passed out from drinking too much. When the plaintiff telephoned the defendant that same evening, the defendant instructed one of the other girls to tell her she could not return and she should go home. The plaintiff did not indicate that she felt threatened by being with the boys or that she did not have any means of getting home. The plaintiff stayed overnight at the home of one of the boys, where she was sexually assaulted. (Id. at pp. 145-148.) The Court of Appeal affirmed a grant of summary judgment in favor of the defendant on the plaintiff's negligence claims. Though acknowledging that the defendant assumed a special relationship with the minor plaintiff by inviting her into her home, the Court relied on the broader principle that "in order for there to be a duty to prevent third party criminal conduct, that conduct must be foreseeable." (Margaret W., supra, 139 Cal.App.4th at p. 152.) Emphasizing that "foreseeability is the crucial factor," the Court reasoned "that--no matter whether a heightened or lesser degree of foreseeability was required and no matter whether the actual crime committed or only similar conduct needed to be foreseen--foreseeability must be measured by what the defendant actually knew. No case has held that a defendant owed a duty to take steps to prevent or respond to third party crime on the basis of constructive knowledge or information the defendant should have known. We are not aware of any case involving liability for third party criminal conduct that has held that a special relationship creates a duty to investigate or that has charged a defendant with making forecasts based on the information such an investigation might have revealed." (Id. at p. 156.) Because there was no evidence showing the boys had a propensity for sexual assault or that the plaintiff had conveyed any apprehension about her situation to the defendant, the Court concluded that the plaintiff's assault was not foreseeable. (Id. at p. 160.)