Caputo & Van Der Walde, LLP Files Lawsuit Over Fatal Stabbing of Teen at Santana Row

Caputo & Van Der Walde, LLP has filed a civil lawsuit on behalf of the family of 15-year-old David Gutierrez, who was tragically beaten and fatally stabbed on Valentine’s Day at Santana Row, a high-end shopping and dining destination in San Jose.

Named in the lawsuit are Federal Realty Investment Trust, the corporate owner of Santana Row, and Allied Universal Security, the security company responsible for protecting the premises. The lawsuit alleges that both entities failed in their duty to provide a safe environment for visitors, leading to the teen’s death.

Allegations of Security Failures

According to the complaint, five gang members, dressed in gang colors, assaulted David while he was on a Valentine’s Day date. Although a security guard intervened to stop the attack, the lawsuit states that the guard failed to secure David’s safety afterward, allowing one of the assailants to re-engage with David and launch a second attack with a knife moments later, resulting in David’s death.

Attorney Paul Van Der Walde, representing the Gutierrez family, emphasized the severity of the alleged negligence:

“This is gross negligence. Santana Row, as a high-end shopping destination, has a duty to protect its patrons from foreseeable third-party assaults. They failed David and his family.”

The complaint further accuses Santana Row and Allied Universal of inadequate training and preparedness of their security personnel, failing to secure the property, and not taking any safety measures following a prior incident involving the same group of teens. Notably, the suspects were involved in another assault just across the street from Santana Row at nearby Westfield Valley Fair mall less than an hour earlier. Allied Universal Security also provides services at that location.

The Victim Had No Gang Affiliation

A San Jose Police Department gang unit officer testified that David Gutierrez had no gang affiliations, countering any implication that he may have been a target for reasons other than mistaken identity or random violence.

Beyond the courtroom, the Gutierrez family has become active in seeking legislative reform. They’ve held rallies outside the Santa Clara County Juvenile Center and engaged with elected officials in a campaign to reform California’s juvenile sentencing laws. One of their goals is to address limitations imposed by Proposition 57, which prevents juveniles under 16 from being tried as adults for any crimes, including murders, torture, rape and mass shootings. The youngest of David’s alleged attackers is just 13 years old and faces a maximum of 6 to 8 months in a juvenile rehabilitation camp if convicted.

You Deserve Justice After an Injury or Death Due to Negligence

If you or someone you love has been affected by a preventable tragedy caused by inadequate security or negligence, you have the right to seek justice. Contact Caputo & Van Der Walde, LLP to speak with an experienced attorney about your case. Our team is here to help you understand your legal options and fight for the accountability and closure you deserve.

Contact us today by submitting a form online or calling our office at (408) 733-0100 for a free legal consultation.