Peretz v. San Diego Guns CA4/1

Filed 2/9/24 Peretz v. San Diego Guns CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

ALMOG PERETZ, D081804

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2020- 00016638-CU-PO-CTL) SAN DIEGO GUNS, LLC,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Diego County, Kenneth J. Medel, Judge. Reversed with directions. Abir Cohen Treyzon Salo, Boris Treyzon and Joseph Finnerty, for Plaintiff and Appellant. Law Offices of Adrienne D. Cohen, Adrienne D. Cohen and Sean R. Ferron, for Defendant and Respondent. Almog Peretz was injured when John T. Earnest entered the Chabad of Poway synagogue on April 27, 2019 and fired a recently purchased AR-15 at congregants. Earnest purchased the weapon from San Diego Guns, LLC (San Diego Guns). Peretz sued San Diego Guns. After the superior court granted San Diego Guns summary judgment, Peretz appealed. The parties have now

filed a stipulated motion to set aside judgment and remand the matter to the superior court. We conclude the motion has merit, and we reverse the judgment and remand the matter. BACKGROUND Peretz sued San Diego Guns alleging negligence for selling an AR-15 to Earnest in Case No. 37-2020-00047963-CU-PO-CTL. The superior court consolidated the action into Goldstein v. Earnest, Case No. 37-2020-00016638-CU-PO-CTL (the Goldstein action). The plaintiffs in the Goldstein action alleged negligence, negligence per se, negligent entrustment, and public nuisance. They also alleged that San Diego Guns breached common law duties and violations of various firearms regulations when it sold the firearm to Earnest. On October 14, 2022, San Diego Guns moved for summary judgment against the plaintiffs, or alternatively for summary adjudication as to the separate causes of action in the various complaints. San Diego Guns argued that Earnest held a valid, unexpired hunting license and therefore met the