(a)A person is liable for the tort of domestic violence if the plaintiff proves both of the following elements:
(1)The infliction of injury upon the plaintiff resulting from abuse, as defined in subdivision (a) of Section 13700 of the Penal Code.
(2)The abuse was committed by the defendant, a person having a relationship with the plaintiff as defined in subdivision (b) of Section 13700 of the Penal Code.
(b)A person who commits an act of domestic violence upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages pursuant to Section 3294.
(c)The court, in an action pursuant to this section, may grant to a prevailing plaintiff equitable relief, an injunction, costs, and any other relief that the court deems proper, including reasonable attorney’s fees.
(d)The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.
(e)The time for commencement of an action under this section is governed by Section 340.15 of the Code of Civil Procedure.
Notes of Decisions
Cited in
10
cases (
5 in the last 5 years), 2007–2024 · leading case:
Pugliese v. Superior Court, 2007 Cal. Daily Op. Serv. 880 (Cal. Ct. App. 2007).
Pugliese v. Superior Court, 2007 Cal. Daily Op. Serv. 880 (Cal. Ct. App. 2007).
· cites it 6× “(Civ. Code, § 1708.6; see In re Marriage of McNeill (1984) 160 Cal.”
Cline v. Reetz-Laiolo, 329 F. Supp. 3d 1000 (N.D. Cal. 2018).
· cites it 2× “Cline is the only plaintiff in Counts IV through VII, which allege conversion, domestic violence pursuant to Cal. Civ. Code § 1708.6 , intentional or reckless infliction of emotional distress, and tortious interference with prospective economic advantage.”
Doe v. Damron (Cal. Ct. App. 2021).
· cites it 3× “In the instant case, Doe asserts causes of action against Damron for domestic violence (Civ. Code, § 1708.6), sexual battery (id.”
Doe v. Damron (Cal. Ct. App. 2021).
· cites it 3× “In the instant case, Doe asserts causes of action against Damron for domestic violence (Civ. Code, § 1708.6), sexual battery (id.”
M.A. v. B.F. (Cal. Ct. App. 2024).
· cites it 2× “’S COMPLAINT FOR DOMESTIC VIOLENCE, CIVIL CODE SECTION 1708.6 In May 2020, M.”
Gordon v. LaPoint CA4/1 (Cal. Ct. App. 2016).
“(Civ. Code, §§ 1708.6 [remedies available in civil action for tort of domestic violence]; 1708.”
Russell v. Walsh CA1/4 (Cal. Ct. App. 2023).
“Stephen Russell sued Tara Walsh for battery, intentional infliction of emotional distress, and domestic violence (Civ. Code, § 1708.6, subd. (a)), and a jury found her liable for all three torts.”
Bolander v. Bolander CA1/2 (Cal. Ct. App. 2013).
“] As noted above, three of those claims: 1) spousal rape, 2) sexual buttery [sic], and [3)] intentional infliction of emotional distress were voluntarily dismissed prior to trial leaving the one and only remaining claim—domestic violence, pursuant to Cal. Civil Code Section…”
Belken v. Belken CA1/4 (Cal. Ct. App. 2015).
“” (Civ. Code, § 1708.6, subd. (d).) Moreover, domestic violence is not an intensely private matter; it is a matter of public safety for which the courts can and should define standards of conduct.”
— Cal. Civil Code § 1708.6(c) — 1 case
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