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Pinheiro v. Williams CA6
This action arises out of a physical altercation occurring on August 9, 2014, in which Daniel Gunther (Gunther) allegedly assaulted Henry Pinheiro (Henry) and damaged the truck owned by Henry and his wife, Cindy Pinheiro. (Collectively, Henry and his wife are referred to as the Pinheiros.) The incident occurred as Gunther was leaving the San Jose residence of his girlfriend, Shirley Williams (Williams), the Pinheiros’ next door neighbor. In November 2014, the Pinheiros brought suit against Gunther (as a Doe defendant) and Williams. As against Williams, the Pinheiros asserted a claim for negligence, alleging that she (1) invited Gunther to her home, (2) knew or should have known of his propensity for violence, (3) was aware of previous conflicts between Gunther and Henry, (4) was aware of Gunther’s having previously threatened Henry, and (5) stood by and watched as Gunther assaulted Henry.

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