(a)Any act of willful misconduct of a minor that results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct.
Subject to the provisions of subdivision (c), the joint and several liability of the
parent or guardian having custody and control of a minor under this subdivision shall not exceed twenty-five thousand dollars ($25,000) for each tort of the minor, and in the case of injury to a person, imputed liability shall be further limited to medical, dental and hospital expenses incurred by the injured person, not to exceed twenty-five thousand dollars ($25,000). The liability imposed by this section is in addition to any liability now imposed by law.
(b)Any act of willful misconduct of a minor that results in the defacement of property of another with paint or a similar substance shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages, including court costs, and attorney’s fees, to the prevailing party, and the parent or guardian having custody and control shall be jointly and severally liable with the minor for any damages resulting from the willful misconduct, not to exceed
twenty-five thousand dollars ($25,000), except as provided in subdivision (c), for each tort of the minor.
(c)The amounts listed in subdivisions (a) and (b) shall be adjusted every two years by the Judicial Council to reflect any increases in the cost of living in California, as indicated by the annual average of the California Consumer Price Index. The Judicial Council shall round this adjusted amount up or down to the nearest hundred dollars. On or before July 1 of each odd-numbered year, the Judicial Council shall compute and publish the amounts listed in subdivisions (a) and (b), as adjusted according to this subdivision.
(d)The maximum liability imposed by this section is the maximum liability authorized under this section at the time that the act of willful misconduct by a minor was committed.
(e)Nothing in
this section shall impose liability on an insurer for a loss caused by the willful act of the insured for purposes of Section 533 of the Insurance Code. An insurer shall not be liable for the conduct imputed to a parent or guardian by this section for any amount in excess of ten thousand dollars ($10,000).
Notes of Decisions
Hoff v. Vacaville Unified Sch. Dist., 968 P.2d 522 (Cal. 1998).
· cites it 4× “Thus, Civil Code section 1714.1, subdivision (a), in pertinent part provides: "Any act of willful misconduct of a minor which results in injury or death to another person or in any injury to the property of another shall be *825 imputed to the parent .”
Kerns v. CSE Ins. Grp., 2003 Cal. Daily Op. Serv. 1482 (Cal. Ct. App. 2003).
· cites it 2× “based upon California Civil Code Section 1714.1.” 5 C.”
People v. Jeffrey M., 46 Cal. Rptr. 3d 533 (Cal. Ct. App. 2006).
· cites it 5× “) Civil Code section 1714.1 provides that “[a]ny act of willful misconduct of a minor which results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all…”
Robertson v. Wentz, 187 Cal. App. 3d 1281 (Cal. Ct. App. 1986).
· cites it 2× “) Civil Code Section 1714.1, subdivision (a) imposes vicarious and strict liability upon a parent for acts of the child if the statutory requirements are met.”
People v. Michael S., 2007 Cal. Daily Op. Serv. 2108 (Cal. Ct. App. 2007).
· cites it 2× “) Civil Code section 1714.1 provides in pertinent part: “(a) Any act of willful misconduct of a minor which results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor…”
Sumrall v. Modern Alloys, Inc., 10 Cal. App. 5th 961 (Cal. Ct. App. 2017).
“, Civ. Code, § 1714.1 [parents are held vicariously liable for the actions of their children]; Pub.”
Fire Ins. Exch. v. Altieri, 91 Cal. Daily Op. Serv. 8961 (Cal. Ct. App. 1991).
“1, subdivision (a) provides: “Any act of willful misconduct of a minor which results in injury or death to another person or in any injury to the property of another shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil…”
In Re Marriage of Neal, 92 Cal. App. 3d 834 (Cal. Ct. App. 1979).
“, Civil Code, section 1714.1 (liability for “willful misconduct” of a minor imputed “to the parents having custody or control of the minor for all purposes of civil damages”); Civil Code, section 1714.”
Cynthia M. v. Rodney E., 91 Cal. Daily Op. Serv. 2169 (Cal. Ct. App. 1991).
“] The obvious purpose of the law is to provide a satisfactory remedy to innocent third parties injured by a minor where, for all practical purposes, none is available under the common law.”
Jamshid-Negad v. Kessler, 93 Cal. Daily Op. Serv. 3814 (Cal. Ct. App. 1993).
“Among numerous causes of action, the complaint alleged negligent supervision and imputed negligence liability (Civ. Code, § 1714.1) against Eric’s parents, Drs.”
In Re William George T., 599 A.2d 886 (Md. Ct. Spec. App. 1992).
“1989) (living with the parents); Cal.Civ.Code § 1714.1 (West 1985) (custody and control); Colo.”
People v. D.C., 188 Cal. App. 4th 978 (Cal. Ct. App. 2010).
“, Civil Code section 1714.1 (willful torts); Government Code section 38772, subdivision (b) (graffiti); Education Code section 48904, subdivision (a) (school injuries and property damage); Penal Code section 490.”
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