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8 California opinions name it 1 courts 1977–2022 1 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.
| Case | Followed | Cited |
|---|---|---|
Manuel v. Pacific Gas & Electric Co.green2 sentences2022(See Manuel v. Pacific Gas & Electric Co. (2009) 173 Cal.App.4th 927, 947 [willful misconduct involves a positive intent actually to harm another or to do an act with a positive, active and absolute disregard of its consequences].) Accordingly, we conclude that the evidence presented by Central Valley was sufficient to carry its burden of negating the willful misconduct exception to the section 846 immunity. 2014The willful misconduct exception Section 846 “does not limit the liability which otherwise exists … for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity.” Regarding the phrase “willful or malicious,” the First Appellate District detailed: “‘[I]t has been generally recognized in the context of tort liability that the usual meaning assigned to “willful,” as well as to “wanton” and to other similar terms, is that “‘“the actor has intentionally done an act of an unreasonable character in disregard of a risk known to him or so obvious that he m | 2 | 2 |
Acosta v. Glenfed Development Corp.green1 sentence2014They cite allegations in their first amended complaint, but these allegations are not evidence. " 'The plaintiff . . . may not rely upon the mere allegations or denials' of his 'pleadings to show that a triable issue of material fact exists but, instead,' must 'set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.' [Citation.]" (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 850 ; see also Acosta v. Glenfed Development Corp., supra, 128 Cal.App.4th at p. 1286 ["In order to succeed on a motion for summary j | 1 | 1 |
Calvillo-Silva v. Home Groceryred2 sentences2011Plaintiffs base their willful misconduct claim on most of the same conduct asserted in their claim for elder abuse, but in the willful misconduct claim they contend the Hospital acted “willfully” or “fraudulently” instead of “recklessly” or “fraudulently.” (Italics added.) Willful misconduct involves more than a failure to use ordinary care; it “ ‘ “ ‘involves a more positive intent actually to harm another or to do an act with a positive, active and absolute disregard of its consequences.’ ” ’ ” {Calvillo-Silva v. Home Grocery (1998) 19 Cal.4th 714, 729 [ 80 Cal.Rptr.2d 506 , 968 P.2d 65 ].) 2011Plaintiffs base their willful misconduct claim on most of the same conduct asserted in their claim for elder abuse, but in the willful misconduct claim they contend the Hospital acted “willfully” or “fraudulently” instead of “recklessly” or “fraudulently.” (Italics added.) Willful misconduct involves more than a failure to use ordinary care; it “ ‘ “ ‘involves a more positive intent actually to harm another or to do an act with a positive, active and absolute disregard of its consequences.’ ” ’ ” {Calvillo-Silva v. Home Grocery (1998) 19 Cal.4th 714, 729 [ 80 Cal.Rptr.2d 506 , 968 P.2d 65 ].) | 1 | 1 |
People v. Younggreen2 sentences1980The court stated: “‘Wilful misconduct implies at least the intentional doing of something either with a knowledge that serious injury is a probable (as distinguished from a possible) result, or the intentional doing of an act with a wanton and reckless disregard of its possible result.’” {Id. at p. 838.) (Italics in original.) This language was approved by the Supreme Court in People v. Young (1942) 20 Cal.2d 832, 837 [ 129 P.2d 353 ]. 1980The court stated: “‘Wilful misconduct implies at least the intentional doing of something either with a knowledge that serious injury is a probable (as distinguished from a possible) result, or the intentional doing of an act with a wanton and reckless disregard of its possible result.’” {Id. at p. 838.) (Italics in original.) This language was approved by the Supreme Court in People v. Young (1942) 20 Cal.2d 832, 837 [ 129 P.2d 353 ]. | 1 | 1 |
Bains v. Western Pacific Railroadgreen2 sentences1977Co., 56 Cal.App.3d 902, 905 [ 128 Cal.Rptr. 778 ].) The same considerations which justified the trial court in rejecting the willful misconduct instruction also justified it in refusing to instruct on punitive damages. 1977Co., 56 Cal.App.3d 902, 905 [ 128 Cal.Rptr. 778 ].) The same considerations which justified the trial court in rejecting the willful misconduct instruction also justified it in refusing to instruct on punitive damages. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Aguilar v. Atlantic Richfield Co.
green
1 sentence2014They cite allegations in their first amended complaint, but these allegations are not evidence. " 'The plaintiff . . . may not rely upon the mere allegations or denials' of his 'pleadings to show that a triable issue of material fact exists but, instead,' must 'set forth the specific facts showing that a triable issue of material fact exists as to that cause of action or a defense thereto.' [Citation.]" (Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at p. 850 ; see also Acosta v. Glenfed Development Corp., supra, 128 Cal.App.4th at p. 1286 ["In order to succeed on a motion for summary j | 1 | 2014–2014 |
Kitzig v. Nordquist
green
1 sentence2013Accordingly, the court correctly determined that section 340.5, the statute of limitations applicable for dental malpractice claims (Kitzig, supra, 81 Cal.App.4th at p. 1391 ), applied to Bui’s Complaint. 2. | 1 | 2013–2013 |
Carter v. Prime Healthcare Paradise Valley LLC
green
2 sentences2013Regardless of whether Hoang actually treated Bui, his claim against Hoang is based upon her affiliation with Hi-Tech and her alleged connection with Nguyen,9 who Bui alleges directly caused him injury through her diagnosis, treatment, and examination of him, and her “use[ of] dental instruments on [him, that] caus[ed] him grave pain.” 9 We note that although Bui alleged that Hoang directed and supervised Nguyen, he testified that he knew of no facts supporting his allegation that Hoang supervised Nguyen while the latter treated Bui. 14 Therefore, similar to Carter, supra, 198 Cal.App.4th 396 , 2013Regardless of whether Hoang actually treated Bui, his claim against Hoang is based upon her affiliation with Hi-Tech and her alleged connection with Nguyen,9 who Bui alleges directly caused him injury through her diagnosis, treatment, and examination of him, and her “use[ of] dental instruments on [him, that] caus[ed] him grave pain.” 9 We note that although Bui alleged that Hoang directed and supervised Nguyen, he testified that he knew of no facts supporting his allegation that Hoang supervised Nguyen while the latter treated Bui. 14 Therefore, similar to Carter, supra, 198 Cal.App.4th 396 , | 1 | 2013–2013 |
Moore v. Regents of University of California
green
1 sentence2011Nor have plaintiffs alleged facts, as opposed to conclusions or contentions, that indicate the Hospital acted “with deliberate indifference and conscious disregard for the health, safety and well-being of [Grant].” We do not accept as true such conclusions or contentions when reviewing a ruling on a demurrer. {Moore, supra, 51 Cal.3d at p. 125 .) The few facts alleged in the willful misconduct cause of action show that the Hospital actually treated (or at least attempted to treat) Grant during his hospitalizations by diagnosing pneumonia, sepsis, pressure ulcers and malnutrition; by infusing f | 1 | 2011–2011 |
Sorensen v. Allred
green
2 sentences1981(Sorensen v. Allred (1980) 112 Cal.App.3d 717 [ 169 Cal.Rptr. 441 ].) In reaching its conclusion, the court noted that the contributory-negligence rule and the willful-misconduct rule together amount to a rule of comparative fault under which the lesser fault does not bar the greater. 1981(Sorensen v. Allred (1980) 112 Cal.App.3d 717 [ 169 Cal.Rptr. 441 ].) In reaching its conclusion, the court noted that the contributory-negligence rule and the willful-misconduct rule together amount to a rule of comparative fault under which the lesser fault does not bar the greater. | 1 | 1981–1981 |
People v. McNutt
green
2 sentences1980To escalate this conduct into an assault with a deadly weapon would honor more in the breach than in the observance of Rocha’s teaching that “mere reckless conduct alone cannot constitute an assault.” {Id., 3 Cal.3d at p. 898 .) In People v. McNutt (1940) 40 Cal.App.2d Supp. 835 [ 105 P.2d 657 ], the court construed the words “willful and wanton disregard for the safety of persons or property” in Vehicle Code section 505, a predecessor to Vehicle Code section 23104, and remarked that wanton “‘includes the elements of consciousness of one’s conduct, intent to do. . .the act in question, realiza 1980To escalate this conduct into an assault with a deadly weapon would honor more in the breach than in the observance of Rocha’s teaching that “mere reckless conduct alone cannot constitute an assault.” {Id., 3 Cal.3d at p. 898 .) In People v. McNutt (1940) 40 Cal.App.2d Supp. 835 [ 105 P.2d 657 ], the court construed the words “willful and wanton disregard for the safety of persons or property” in Vehicle Code section 505, a predecessor to Vehicle Code section 23104, and remarked that wanton “‘includes the elements of consciousness of one’s conduct, intent to do. . .the act in question, realiza | 1 | 1980–1980 |
People v. Rocha
green
1 sentence1980To escalate this conduct into an assault with a deadly weapon would honor more in the breach than in the observance of Rocha’s teaching that “mere reckless conduct alone cannot constitute an assault.” {Id., 3 Cal.3d at p. 898 .) In People v. McNutt (1940) 40 Cal.App.2d Supp. 835 [ 105 P.2d 657 ], the court construed the words “willful and wanton disregard for the safety of persons or property” in Vehicle Code section 505, a predecessor to Vehicle Code section 23104, and remarked that wanton “‘includes the elements of consciousness of one’s conduct, intent to do. . .the act in question, realiza | 1 | 1980–1980 |
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.