Distinguishing Regents of the University of California v. Superior Court (2018) 4 Cal.5th 607 as dealing with a university’s duty to a student during education-related activities, this decision holds that a university (here, USC) does not owe a non-student a duty of care with respect to physical safety at unsponsored, unauthorized third party activities off-campus, even if the university exercises some minimal control through university policies and police patrols.  Here, plaintiff was injured when she was pushed off an improvised elevated dance floor at a drunken frat party on a Thursday evening.  There was no close connection between the university’s acts or omissions and plaintiff’s injuries, as many third-party acts intervened.  Also, the university could not exercise sufficient control over these activities to prevent injury, and any attempt by the university to do so would have adverse social consequences in loss of freedom by students.

California Court of Appeal, Second District, Division 4 (Micon, J., sitting by assignment); November 27, 2018 (published December 19, 2018); 30 Cal. App. 5th 429