Facts and Background

• Facts and Background:

  On October 26, 2021 plaintiff checked into the Desert Inn Motel in Barstow. He was in Barstow for a work project. On his way to his assigned room plaintiff passed a group of 5-6 older teens/young adults congregating in the stairway and hallway. Plaintiff described them as "thugs." Plaintiff passed them without issue, got into his room, showered and decided to go down to his work van to get his laptop.

  When he opened his room door the group was blocking the path directly in front of his door, wrestling and hanging out. Plaintiff waited a few seconds for them to move so he could pass and when they didn't move, he stepped through their circle and went downstairs to his van. After getting his things, he turned around and the group was approaching him and encircled him.

  Plaintiff was confronted and struck from behind, knocked to the ground unconscious and beaten. The assailants ran off. The motel owner, defendant Sueh Li Chen, was outside of the motel office and allegedly told plaintiff that the group of individuals had been hanging around the motel and she'd been unable to remove them. Police came two hours later and didn't make a written report since plaintiff declined EMS. One week later plaintiff went to the ER and was diagnosed with concussion, deviated septum and maxilla fracture. Plaintiff also had neck, shoulder and back pain. 

• Plaintiff's Contentions:

  That prior similar instances warranted on-site security patrol and other reasonable safety measures.

  Testimony was given by Barstow PD captain that at least three prior instances of similar conduct had occurred, with one including defendant Sue Li Chen when she was forcefully robbed of jewelry from her person. 

• Defendant's Contentions:

  That defendant had no notice of dangerous condition, and no duty to provide security.