legislatively prescribed standard (California) · Go Syfert
← California issues

legislatively prescribed standard in California

8 California opinions name it 1 courts 1987–2021 2 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 (4)

CaseFollowedCited
Lehto v. City of Oxnardgreen
calctapp · 1985 · cited in 5 California opinions naming this issue, 1989–2021
2 sentences

2021(See Lehto v. City of Oxnard (1985) 171 Cal.App.3d 285, 292 [“Government Code section 815.6 applies to public entities the familiar rule of tort law that violation of a legislatively prescribed standard of care creates a rebuttable presumption of negligence”].) In sum, the trial court erred in granting the County’s motion for summary adjudication as to plaintiffs’ negligence cause of action based on governmental immunity. 14 The court in Cochran v. Herzog Engraving Co. (1984) 155 Cal.App.3d 405 , which the County cites in support of its contention the absence of a citation to Government Code s

2021It has been recognized that Government Code section 815.6 “applies to public entities the familiar rule of tort law that violation of a legislatively prescribed standard of care creates a rebuttable presumption of negligence.” (Lehto v. City of Oxnard (1985) 171 Cal.App.3d 285, 292 ; see also Alejo v. City of Alhambra (1999) 75 Cal.App.4th 1180, 1185, fn. 3 [Gov.

45
Alejo v. City of Alhambrared
calctapp · 1999 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021It has been recognized that Government Code section 815.6 “applies to public entities the familiar rule of tort law that violation of a legislatively prescribed standard of care creates a rebuttable presumption of negligence.” (Lehto v. City of Oxnard (1985) 171 Cal.App.3d 285, 292 ; see also Alejo v. City of Alhambra (1999) 75 Cal.App.4th 1180, 1185, fn. 3 [Gov.

11
Polygram Records, Inc. v. Superior Courtgreen
calctapp · 1985 · cited in 1 California opinions naming this issue, 1991–1991
2 sentences

1991Code, §§ 45, 46; Polygram Records Inc. v. Superior Court (1985) 170 Cal.App.3d 543, 548-550 [ 216 Cal.Rptr. 252 ]), such publications may also be protected by defenses not ordinarily assertable in typical negligence or medical malpractice actions, such as the legislatively prescribed privilege contained in Civil Code section 47, subdivision (c) (formerly § 47, subd. (3)). 7 *239 If plaintiffs such as Felton were permitted to sue in negligence, we perceive plaintiffs would seek to evade the strictures of libel law and avoid the applicable defenses by framing all libel actions as negligence caus

1991Code, §§ 45, 46; Polygram Records Inc. v. Superior Court (1985) 170 Cal.App.3d 543, 548-550 [ 216 Cal.Rptr. 252 ]), such publications may also be protected by defenses not ordinarily assertable in typical negligence or medical malpractice actions, such as the legislatively prescribed privilege contained in Civil Code section 47, subdivision (c) (formerly § 47, subd. (3)). 7 *239 If plaintiffs such as Felton were permitted to sue in negligence, we perceive plaintiffs would seek to evade the strictures of libel law and avoid the applicable defenses by framing all libel actions as negligence caus

11
Vesely v. Sagerred
cal · 1971 · cited in 1 California opinions naming this issue, 1987–1987
2 sentences

1987(Vesely v. Sager (1971) 5 Cal.3d 153, 164-165 [ 95 Cal.Rptr. 623 , 486 P.2d 151 ]; Evid.

1987(Vesely v. Sager (1971) 5 Cal.3d 153, 164-165 [ 95 Cal.Rptr. 623 , 486 P.2d 151 ]; Evid.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
State Department of State Hospitals v. Superior Court green
cal · 2015
1 sentence

2021Code, § 815.6 “applies the negligence per se doctrine to public entities”].) Under this section, “the government may be liable when (1) a mandatory duty is imposed by an enactment, (2) the duty was designed to protect against the kind of injury allegedly suffered, and (3) breach of the duty proximately caused injury.” (State Dept. of State Hospitals v. Superior Court (2015) 61 Cal.4th 339, 348 .) The trial judge decides the issues of whether the statute imposes a mandatory duty on the public entity and whether it was designed to protect against the type of harm suffered.

12021–2021
Cochran v. Herzog Engraving Co. green
calctapp · 1984
1 sentence

2021(See Lehto v. City of Oxnard (1985) 171 Cal.App.3d 285, 292 [“Government Code section 815.6 applies to public entities the familiar rule of tort law that violation of a legislatively prescribed standard of care creates a rebuttable presumption of negligence”].) In sum, the trial court erred in granting the County’s motion for summary adjudication as to plaintiffs’ negligence cause of action based on governmental immunity. 14 The court in Cochran v. Herzog Engraving Co. (1984) 155 Cal.App.3d 405 , which the County cites in support of its contention the absence of a citation to Government Code s

12021–2021
State of California v. Superior Court green
calctapp · 1984
1 sentence

1991“Discussions of whether a mandatory duty exists under Government Code section 815.6 and whether a standard of care has been legislatively prescribed under Evidence Code section 669 are therefore interchangeable.” (Brenneman v. State of California, supra, at 208 Cal.App.3d at pp. 816-817, fn. 2.) 11 In State of California v. Superior Court, supra, 150 Cal.App.3d 848, 854-859 , cited above, the court concluded no actionable mandatory duty to investigate was created by the obligatory language of Business and Professions Code section 10176, because of a lack of proximate cause between the failure

11991–1991

Statutes the citing opinions construe

CA § Cal. Government Code § 815.6 (6) CA § Cal. Government Code § 820.2 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CT 12 (1988–2019) CA 8 (1987–2021) RI 2 (2006–2006) OK 2 (1989–1989)

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.

← Caselaw search · G Cite Topics · Brief Check