action based violation in California

8 California opinions name it 2 courts 1960–2004 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

Case	Followed	Cited
Far West Financial Corp. v. D & S Companygreen cal · 1988 · cited in 1 California opinions naming this issue, 2004–2004 2 sentences 2004While “minimally culpable defendants are often charged with intentional torts” (Far West Financial Corp. v. D&S Co. (1988) 46 Cal.3d 796, 830 [ 251 Cal.Rptr. 202 , 760 P.2d 399 ] (cone. & dis. opn. of Eagleson, J.)) supporting punitive damage claims, elder abuse triggering the Act’s heightened remedy provisions entails by its nature egregious conduct. 2004While “minimally culpable defendants are often charged with intentional torts” (Far West Financial Corp. v. D&S Co. (1988) 46 Cal.3d 796, 830 [ 251 Cal.Rptr. 202 , 760 P.2d 399 ] (cone. & dis. opn. of Eagleson, J.)) supporting punitive damage claims, elder abuse triggering the Act’s heightened remedy provisions entails by its nature egregious conduct.	1	1
Aubry v. Tri-City Hospital Districtgreen cal · 1992 · cited in 1 California opinions naming this issue, 1995–1995 1 sentence 1995(Lusardi Construction Co. v. Aubry, supra, 1 Cal.4th 976, 988, fn. 3 .) It then stated that the repeal of the statute “merely clarifies that the Legislature no longer intends the statutory remedies to be exclusive.” (Ibid.; People v. Hwang, supra, 25 Cal.App.4th 1168, 1179 .) In addition, as noted above, Justices Kennard and Mosk have clearly stated their opinion that: “A worker who is paid less than the prevailing wage by a private contractor on a public works project has the right to prosecute a claim against that contractor for the unpaid wages due under law.” (Aubry v. Tri-City Hospital Di	1	1
Lusardi Construction Co. v. Aubrygreen cal · 1992 · cited in 1 California opinions naming this issue, 1995–1995 1 sentence 1995(Lusardi Construction Co. v. Aubry, supra, 1 Cal.4th 976, 988, fn. 3 .) It then stated that the repeal of the statute “merely clarifies that the Legislature no longer intends the statutory remedies to be exclusive.” (Ibid.; People v. Hwang, supra, 25 Cal.App.4th 1168, 1179 .) In addition, as noted above, Justices Kennard and Mosk have clearly stated their opinion that: “A worker who is paid less than the prevailing wage by a private contractor on a public works project has the right to prosecute a claim against that contractor for the unpaid wages due under law.” (Aubry v. Tri-City Hospital Di	1	1
Ault v. International Harvester Co.green cal · 1974 · cited in 1 California opinions naming this issue, 1979–1979 2 sentences 1979(Au lt v. International Harvester Co., 13 Cal.3d 113, 118 [ 117 Cal.Rptr. 812 , 528 P.2d 1148 , 74 A.L.R.3d 986 ].) Indeed, one of the purposes of the doctrine is to relieve the plaintiff from the problems of proof inherent in pursuing negligence and warranty remedies. 1979(Au lt v. International Harvester Co., 13 Cal.3d 113, 118 [ 117 Cal.Rptr. 812 , 528 P.2d 1148 , 74 A.L.R.3d 986 ].) Indeed, one of the purposes of the doctrine is to relieve the plaintiff from the problems of proof inherent in pursuing negligence and warranty remedies.	1	1
Hall v. Paul Bunyan Lumber Co.green calctapp · 1960 · cited in 1 California opinions naming this issue, 1964–1964 2 sentences 1964That defense is not good against an action based on violation of a safety law intended to protect a class of which plaintiff is a member against the very risk he is claimed to have assumed (Hall v. Paul Bunyan Lumber Co., 177 Cal.App.2d 761, 765 [ 2 Cal.Rptr. 519 ]). 1964That defense is not good against an action based on violation of a safety law intended to protect a class of which plaintiff is a member against the very risk he is claimed to have assumed (Hall v. Paul Bunyan Lumber Co., 177 Cal.App.2d 761, 765 [ 2 Cal.Rptr. 519 ]).	1	1
Spencer v. Beatty Safway Scaffold Co.green calctapp · 1956 · cited in 1 California opinions naming this issue, 1961–1961 2 sentences 1961(Burdette v. Rollefson Construction Co., 52 Cal.2d 720, 723 [ 344 P.2d 307 ] ; Spencer v. Beatty Safway Scaffold Co., 141 Cal.App.2d 875, 880 [ 297 P.2d 746 ].) Assumption of the risk by plaintiff is not a defense to an action based on violation of a safety order intended to protect him against the risk. 1961(Burdette v. Rollefson Construction Co., 52 Cal.2d 720, 723 [ 344 P.2d 307 ] ; Spencer v. Beatty Safway Scaffold Co., 141 Cal.App.2d 875, 880 [ 297 P.2d 746 ].) Assumption of the risk by plaintiff is not a defense to an action based on violation of a safety order intended to protect him against the risk.	1	1
Finnegan v. Royal Realty Co.green cal · 1950 · cited in 1 California opinions naming this issue, 1961–1961 2 sentences 1961(Finnegan v. Royal Realty Co., 35 Cal.2d 409, 430-431 [ 218 P.2d 17 ] ; 35 Cal.Jur.2d § 271, p. 819.) Defendants confuse contributory negligence with assumption of risk. 1961(Finnegan v. Royal Realty Co., 35 Cal.2d 409, 430-431 [ 218 P.2d 17 ] ; 35 Cal.Jur.2d § 271, p. 819.) Defendants confuse contributory negligence with assumption of risk.	1	1
Burdette v. Rollefson Construction Co.green cal · 1959 · cited in 1 California opinions naming this issue, 1961–1961 2 sentences 1961(Burdette v. Rollefson Construction Co., 52 Cal.2d 720, 723 [ 344 P.2d 307 ] ; Spencer v. Beatty Safway Scaffold Co., 141 Cal.App.2d 875, 880 [ 297 P.2d 746 ].) Assumption of the risk by plaintiff is not a defense to an action based on violation of a safety order intended to protect him against the risk. 1961(Burdette v. Rollefson Construction Co., 52 Cal.2d 720, 723 [ 344 P.2d 307 ] ; Spencer v. Beatty Safway Scaffold Co., 141 Cal.App.2d 875, 880 [ 297 P.2d 746 ].) Assumption of the risk by plaintiff is not a defense to an action based on violation of a safety order intended to protect him against the risk.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
Central Pathology Service Medical Clinic, Inc. v. Superior Court green cal · 1992 1 sentence 2004(Central Pathology, supra, 3 Cal.4th at pp. 191, 192.) No analogous threat looms here; praying for punitive damages in an action based on a violation of the Elder Abuse Act does not substantively transform the action as does adding an intentional tort claim in a malpractice action.	1	2004–2004
People v. Hwang green calctapp · 1994 1 sentence 1995(Lusardi Construction Co. v. Aubry, supra, 1 Cal.4th 976, 988, fn. 3 .) It then stated that the repeal of the statute “merely clarifies that the Legislature no longer intends the statutory remedies to be exclusive.” (Ibid.; People v. Hwang, supra, 25 Cal.App.4th 1168, 1179 .) In addition, as noted above, Justices Kennard and Mosk have clearly stated their opinion that: “A worker who is paid less than the prevailing wage by a private contractor on a public works project has the right to prosecute a claim against that contractor for the unpaid wages due under law.” (Aubry v. Tri-City Hospital Di	1	1995–1995
Cronin v. J.B.E. Olson Corp. green cal · 1972 2 sentences 1978Olson Corp., 8 Cal.3d 121 [ 104 Cal.Rptr. 433 , 501 P.2d 1153 ], extended strict liability doctrine for “manufacturing defects” of Greenman to “design defect.” Cronin involved an action based on the doctrine of strict liability brought against the seller of a bread delivery truck for injuries received when a hasp, whose purpose was to hold the bread trays in place, broke in a collision between the bread truck and another car. 1978Olson Corp., 8 Cal.3d 121 [ 104 Cal.Rptr. 433 , 501 P.2d 1153 ], extended strict liability doctrine for “manufacturing defects” of Greenman to “design defect.” Cronin involved an action based on the doctrine of strict liability brought against the seller of a bread delivery truck for injuries received when a hasp, whose purpose was to hold the bread trays in place, broke in a collision between the bread truck and another car.	1	1978–1978
Pitzer v. M. D. Tomkies & Sons green wva · 1951 2 sentences 1965Tomkies & Sons, 136 W.Va. 268 [ 67 S.E.2d 437 ], held that contributory negligence was not available as a defense in an action based on such violation. 1965Tomkies & Sons, 136 W.Va. 268 [ 67 S.E.2d 437 ], held that contributory negligence was not available as a defense in an action based on such violation.	1	1965–1965
Daily Telegram Co. v. Long Beach Press Publishing Co. green calctapp · 1933 2 sentences 1960Co., 133 Cal.App. 140 [ 23 P.2d 833 ], that to prevail in an action based on the exception to the controlling statutes (Code Civ. 1960Co., 133 Cal.App. 140 [ 23 P.2d 833 ], that to prevail in an action based on the exception to the controlling statutes (Code Civ.	1	1960–1960

Where else courts name it

FL 13 (2002–2025) AL 11 (1992–2013) NY 9 (1909–2024) CA 8 (1960–2004) IL 7 (1971–2025) GA 5 (1942–2010) OH 4 (1909–2005) PA 3 (2008–2020) OK 3 (1915–2009) TX 3 (1959–2008) NC 3 (1958–2009) MD 3 (1993–2008) MN 2 (1920–2014) ME 2 (1996–2016) KS 2 (2017–2020) KY 2 (1967–1983) VA 2 (1996–2005) NE 2 (1993–1995) HI 2 (1998–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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