The Duties & Responsibilities of Security Guards in California

At Caputo & Van Der Walde, we represent families whose lives have been forever changed by preventable acts of negligence. One such case is the heartbreaking story of 15-year-old David Gutierrez, who was fatally attacked at Santana Row on Valentine’s Day.

Our firm has filed a lawsuit against Federal Realty Investment Trust, the corporate owner of Santana Row, and Allied Universal Security, the company hired to provide safety for its visitors. The lawsuit alleges that both defendants failed in their basic duty: protecting patrons from foreseeable harm.

This case shines a spotlight on the essential responsibilities of mall security guards in California, and how lapses in those duties can have devastating consequences.

What Security Guards Are Expected to Do

Security guards at shopping centers are responsible for far more than walking the property. Their duties include:

• Patrolling parking garages, walkways, and stores to deter theft, violence, or other criminal activity.
• Monitoring surveillance systems and reporting suspicious behavior.
• Protecting their clients from foreseeable third-party criminal activity.
• Responding to emergencies such as fights, medical events, or evacuations.
• Assisting patrons with directions, lost children, or general safety concerns.
• Detaining individuals when necessary under California’s “citizen’s arrest” law, and promptly turning them over to law enforcement.

Guards are not police officers, but their presence is meant to create a safe environment. When they fail to follow through, or are not properly trained, and they neglect to remain with an injured victim, not reporting a threat, not operating in a way to be a visual deterrent for criminal activity, or ignoring warning signs, lives can be put at risk.

Allied Universal Security Guard’s Professional Duties

As one of the largest private security companies in the world, Allied Universal advertises its security guards as highly trained professionals who, according to the job description:

• Provide the safety and security of property and site personnel by monitoring, observing, and reporting activities and incidents at their assigned site. 
• Preserve the professional capacity to identify and locate potentially risky situations and make effective decisions in the midst of crises and routine situations, maintaining focus. 
• Engage in the ongoing development of critical thinking skills necessary to mitigate actual and potential threats by identifying, evaluating, and applying appropriate situational options and approaches, which may include the application of risk-based security assessments. 
• Know and apply the applicable standard operating procedures, demonstrating a responsible, reliable behavior, open to changes, and adapting to new information or unexpected obstacles.

These responsibilities are designed to prevent harm and protect patrons. When they are not carried out, the results can be catastrophic.

About The Santana Row Lawsuit

The tragedy at Santana Row shows what can happen when these professional duties are not met. Video evidence shows a security guard from the El Jardín restaurant intervening during t an initial assault on David Gutierrez by five gang members dressed and gang colors. But instead of staying with David who had just been hit, thrown into the ground and kicked by the gang members, the guard returned to the restaurant without offering any further assistance. Furthermore, the guard did nothing to look after David, failing to check on his injuries, wait with him until emergency services arrived, or ensure the attackers had left the area. Moments later, one of the assailants who remained in the area fatally stabbed David.

The complaint also points to another disturbing fact: less than an hour before, the same gang members had assaulted another young man across the street at Westfield Valley Fair Mall, beating him up and stealing his shoe. Santana Row’s security team, the lawsuit argues, should have been aware of this violent incident and prepared to protect its visitors.

It is important to note that both the police and the Gutierrez family have confirmed that David had no gang ties. He was wearing a red jacket to celebrate Valentine’s Day, not as a gang color.

Why These Duties Matter

Security guards are not optional for large retail centers—they are the frontline defense against theft, violence, and tragedy. When a company like Allied Universal accepts the responsibility of protecting a property, its guards must act with diligence and care. Failing to properly train, supervise, or support those guards is not just a professional shortcoming. It is negligence. At Santana Row, those failures had fatal consequences for an innocent teenager and left a family devastated.

Seeking Accountability and Justice

Our firm is proud to stand with the Gutierrez family as they pursue justice. We are determined to hold property owners and security companies accountable when they fail to protect the very people they are entrusted to keep safe. If you or a loved one has suffered harm due to inadequate security or property owner negligence, you deserve justice. At Caputo & Van Der Walde, we have the experience and determination to pursue justice on your behalf.

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