Wiener v. Southcoast Childcare Centers, Inc

In Wiener v. Southcoast Childcare Centers, Inc. (2004) 32 Cal.4th 1138, an individual intentionally drove his automobile through a chain-link fence surrounding a child care center, killing two children and injuring others. (Id. at pp. 1142-1143.) Affirming the trial court's grant of summary judgment, which the Court of Appeal had reversed, the Supreme Court reasoned: "No evidence indicated defendants' child care facility had ever been the target of violence in the past and no hint existed that either defendants or any other similar business establishment had ever been the target of any criminal acts. Indeed, here, the foreseeability of a perpetrator's committing premeditated murder against the children was impossible to anticipate, and the particular criminal conduct so outrageous and bizarre, that it could not have been anticipated under any circumstances. " (Id. at p. 1150.)