viable negligence claim (California) · Go Syfert
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viable negligence claim in California

6 California opinions name it 1 courts 2014–2025 4 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 (2)

CaseFollowedCited
Shopoff & Cavallo LLP v. Hyongreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See Leyva v. Garcia (2018) 20 Cal.App.5th 1095, 1103 [an essential element of a claim for negligence is damage proximately caused by the breach of a legal duty]; Shopoff & Cavallo LLP v. Hyon (2008) 167 Cal.App.4th 1489, 1509 [unless a party suffers damages, i.e., appreciable and actual harm, as a consequence of negligent conduct, he cannot establish a cause of action for negligence].) Further, to the extent Clark attempts to state a negligence claim against the CDCR predicated on its negligent failure to train/supervise/discipline employees regarding the provisions of the IPA, any such claim

11
Leyva v. Garciagreen
calctapp5d · 2018 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See Leyva v. Garcia (2018) 20 Cal.App.5th 1095, 1103 [an essential element of a claim for negligence is damage proximately caused by the breach of a legal duty]; Shopoff & Cavallo LLP v. Hyon (2008) 167 Cal.App.4th 1489, 1509 [unless a party suffers damages, i.e., appreciable and actual harm, as a consequence of negligent conduct, he cannot establish a cause of action for negligence].) Further, to the extent Clark attempts to state a negligence claim against the CDCR predicated on its negligent failure to train/supervise/discipline employees regarding the provisions of the IPA, any such claim

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
John B. v. Superior Court green
cal · 2006
2 sentences

2025(John B. v. Superior Court (2006) 38 Cal.4th 1177, 1188 .) The existence of a duty is a question of law to be resolved by the court.

2025(John B. v. Superior Court (2006) 38 Cal.4th 1177, 1188 .) The existence of a duty is a question of law to be resolved by the court.

22025–2025
Mikialian v. City of Los Angeles green
calctapp · 1978
2 sentences

2021Citing Mikialian v. City of Los Angeles (1978) 79 Cal.App.3d 150 , which held the plaintiff, struck by a hit-and- run driver while working on a car on the side of the road, did not have a viable negligence claim against law enforcement officers who had failed to place flares on the road for his protection, the trial court stated, “The court in Mikialian held such an omission is nonfeasance, and ‘a defendant “can be held liable for these negligent omissions only if a special relationship then obtained between him and plaintiff.’” [Citation.] Plaintiff does not contend any special relationship e

2020Citing Mikialian v. City of Los Angeles (1978) 79 Cal.App.3d 150 , which held the plaintiff, struck by a hit-and- run driver while working on a car on the side of the road, did not have a viable negligence claim against law enforcement officers who had failed to place flares on the road for his protection, the trial court stated, “The court in Mikialian held such an omission is nonfeasance, and ‘a defendant “can be held liable for these negligent omissions only if a special relationship then obtained between him and plaintiff.’” [Citation.] Plaintiff does not contend any special relationship e

22020–2021
Artiglio v. Corning Inc. green
cal · 1998
1 sentence

2014(Artiglio v. Corning Inc. (1998) 18 Cal.4th 604, 614 .) Medtronic argues that Medtronic did not owe Reed a duty of care to ensure the ICD was programmed correctly.

12014–2014

Where else courts name it

CA 6 (2014–2025) NY 5 (1991–2020) OH 5 (2004–2025) TX 4 (2003–2023) MA 4 (2021–2025) IL 3 (1999–2003) WI 3 (2009–2024) WA 3 (2010–2025) OR 3 (2006–2025) NJ 2 (1990–2021) GA 2 (2013–2013) NC 2 (2022–2022)

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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