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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.
| Case | Followed | Cited |
|---|---|---|
Shopoff & Cavallo LLP v. Hyongreen1 sentence2022(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 | 1 | 1 |
Leyva v. Garciagreen1 sentence2022(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 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
John B. v. Superior Court
green
2 sentences2025(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. | 2 | 2025–2025 |
Mikialian v. City of Los Angeles
green
2 sentences2021Citing 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 | 2 | 2020–2021 |
Artiglio v. Corning Inc.
green
1 sentence2014(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. | 1 | 2014–2014 |
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.