Special Relationship In Business Property

The special relationship needed to constitute constructive possession depends on the relationship between the individual and the owner of the property. Constructive possession depends upon a special relationship with the owner of the property in which the owner confers authority or responsibility to protect their property in another; not upon one's motives to recover the property. Sykes v. Superior Court, 35 Cal. Rptr. 2d 571, 574 (1994). A special relationship is established where one is given responsibility over another's personal property. Individuals who have a responsibility for protecting and preserving the property of another have a special relationship that would give them constructive possession of property. People v. Gordon, 186 Cal.

Non-employees, who are contractual on-duty employees of another business, can have constructive possession over the owner's property. People v. Gilbeaux, 3 Cal. Rptr. 3d 517, 523 (2003). Those who have a special relationship when they are not employees can be constituted as robbery victims. Robby is applicable to anyone who has a special relationship with the business because that relationship gives them constructive possession of the business property.

Non-employees who act on their own good motives are considered good samaritans and do not have a special relationship with a business. Non-employees who act as good samaritan do not have an implied special relationship that would give them constructive possession of a non-employer's property. People v. Galoia, 37 Cal. Rptr. 2d 117, 118 (1994). Therefore, good samaritans do not have constructive possession of another business's

Mr. Patel works security at Nordstrom Rack store in the shopping center at Riverside plaza, in Riverside. RT 12. Mr. Patel affirms that there are Riverside Plaza guards who look after common areas and that those guards see to the well-being of stores that require their help. RT 17. His duties are exclusively to Nordstrom. RT 11. Mr. Patel is contracted by Nordstrom and has a special relation exclusively with them. His relationship does not give him responsibility over Marshals property; rather, there exist other guards who are vested with that responsibility. Therefore Mr. Patel's only special relationship with a Riverside business is through Nordstrom

Though authorized contractual responsibility can be given to non-employees to protect a business's property, Mr. Patel was given no responsibility. Mr. Patel wears a name tag and a shirt bearing the Nordstrom Rack logo, displaying his status as a Nordstrom security guard. RT 10. He receives his paychecks through Nordstrom and holds a contract with them. RT 11. Because Mr. Patel is a contracted employee with Nordstrom and no other business, he lacks the authorized contractual responsibility with Marshals that would give him a special