basis for a negligence claim (California) · Go Syfert
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basis for a negligence claim in California

5 California opinions name it 1 courts 2012–2025 3 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)

CaseFollowedCited
Greenberg, Trager & Herbst, LLP v. HSBC Bank USAgreen
ny · 2011 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014This is not a basis for a negligence claim under the CUCC, which “displaces common law duties for a collecting bank.” (Dixon, Laukitis and Downing, P.C. v. Busey Bank (Ill.App. 2013) 993 N.E.2d 580, 586 [bank not liable for negligence in accepting a counterfeit check for deposit because under Illinois version of Uniform Commercial Code “a collecting bank exercises ordinary care when it presents an item, sends notice of dishonor, finally settles an item, or timely notifies the transferor of any delay by performing such actions before midnight following receipt, notice or settlement of an item”]

11
Dixon, Laukitis and Downing, P.C. v. Busey Bankgreen
illappct · 2013 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014This is not a basis for a negligence claim under the CUCC, which “displaces common law duties for a collecting bank.” (Dixon, Laukitis and Downing, P.C. v. Busey Bank (Ill.App. 2013) 993 N.E.2d 580, 586 [bank not liable for negligence in accepting a counterfeit check for deposit because under Illinois version of Uniform Commercial Code “a collecting bank exercises ordinary care when it presents an item, sends notice of dishonor, finally settles an item, or timely notifies the transferor of any delay by performing such actions before midnight following receipt, notice or settlement of an item”]

11
Chino Commercial Bank, N.A. v. Petersgreen
calctapp · 2010 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014This is not a basis for a negligence claim under the CUCC, which “displaces common law duties for a collecting bank.” (Dixon, Laukitis and Downing, P.C. v. Busey Bank (Ill.App. 2013) 993 N.E.2d 580, 586 [bank not liable for negligence in accepting a counterfeit check for deposit because under Illinois version of Uniform Commercial Code “a collecting bank exercises ordinary care when it presents an item, sends notice of dishonor, finally settles an item, or timely notifies the transferor of any delay by performing such actions before midnight following receipt, notice or settlement of an item”]

2014This is not a basis for a negligence claim under the CUCC, which “displaces common law duties for a collecting bank.” (Dixon, Laukitis and Downing, P.C. v. Busey Bank (Ill.App. 2013) 993 N.E.2d 580, 586 [bank not liable for negligence in accepting a counterfeit check for deposit because under Illinois version of Uniform Commercial Code “a collecting bank exercises ordinary care when it presents an item, sends notice of dishonor, finally settles an item, or timely notifies the transferor of any delay by performing such actions before midnight following receipt, notice or settlement of an item”]

11
Avidor v. Sutter's Place, Inc.green
calctapp · 2013 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014This is not a basis for a negligence claim under the CUCC, which “displaces common law duties for a collecting bank.” (Dixon, Laukitis and Downing, P.C. v. Busey Bank (Ill.App. 2013) 993 N.E.2d 580, 586 [bank not liable for negligence in accepting a counterfeit check for deposit because under Illinois version of Uniform Commercial Code “a collecting bank exercises ordinary care when it presents an item, sends notice of dishonor, finally settles an item, or timely notifies the transferor of any delay by performing such actions before midnight following receipt, notice or settlement of an item”]

11
Coulter v. Superior Courtred
cal · 1978 · cited in 1 California opinions naming this issue, 2012–2012
2 sentences

2012(Vesely v. Sager (1971) 5 Cal.3d 153, 158-167 [ 95 Cal.Rptr. 623 , 486 P.2d 151 ]; Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, 323-325 [ 128 Cal.Rptr. 215 , 546 P.2d 719 ]; Coulter v. Superior Court (1978) 21 Cal.3d 144, 149-155 [ 145 Cal.Rptr. 534 , 577 P.2d 669 ].) The Legislature responded swiftly to the change reflected in these specific decisions.

2012(Vesely v. Sager (1971) 5 Cal.3d 153, 158-167 [ 95 Cal.Rptr. 623 , 486 P.2d 151 ]; Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, 323-325 [ 128 Cal.Rptr. 215 , 546 P.2d 719 ]; Coulter v. Superior Court (1978) 21 Cal.3d 144, 149-155 [ 145 Cal.Rptr. 534 , 577 P.2d 669 ].) The Legislature responded swiftly to the change reflected in these specific decisions.

11
Vesely v. Sagerred
cal · 1971 · cited in 1 California opinions naming this issue, 2012–2012
2 sentences

2012(Vesely v. Sager (1971) 5 Cal.3d 153, 158-167 [ 95 Cal.Rptr. 623 , 486 P.2d 151 ]; Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, 323-325 [ 128 Cal.Rptr. 215 , 546 P.2d 719 ]; Coulter v. Superior Court (1978) 21 Cal.3d 144, 149-155 [ 145 Cal.Rptr. 534 , 577 P.2d 669 ].) The Legislature responded swiftly to the change reflected in these specific decisions.

2012(Vesely v. Sager (1971) 5 Cal.3d 153, 158-167 [ 95 Cal.Rptr. 623 , 486 P.2d 151 ]; Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, 323-325 [ 128 Cal.Rptr. 215 , 546 P.2d 719 ]; Coulter v. Superior Court (1978) 21 Cal.3d 144, 149-155 [ 145 Cal.Rptr. 534 , 577 P.2d 669 ].) The Legislature responded swiftly to the change reflected in these specific decisions.

11
Bernhard v. Harrah's Clubgreen
cal · 1976 · cited in 1 California opinions naming this issue, 2012–2012
2 sentences

2012(Vesely v. Sager (1971) 5 Cal.3d 153, 158-167 [ 95 Cal.Rptr. 623 , 486 P.2d 151 ]; Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, 323-325 [ 128 Cal.Rptr. 215 , 546 P.2d 719 ]; Coulter v. Superior Court (1978) 21 Cal.3d 144, 149-155 [ 145 Cal.Rptr. 534 , 577 P.2d 669 ].) The Legislature responded swiftly to the change reflected in these specific decisions.

2012(Vesely v. Sager (1971) 5 Cal.3d 153, 158-167 [ 95 Cal.Rptr. 623 , 486 P.2d 151 ]; Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, 323-325 [ 128 Cal.Rptr. 215 , 546 P.2d 719 ]; Coulter v. Superior Court (1978) 21 Cal.3d 144, 149-155 [ 145 Cal.Rptr. 534 , 577 P.2d 669 ].) The Legislature responded swiftly to the change reflected in these specific decisions.

11
Salem v. Superior Courtgreen
calctapp · 1989 · cited in 1 California opinions naming this issue, 2012–2012
2 sentences

2012(Salem v. Superior Court (1989) 211 Cal.App.3d 595, 599 [ 259 Cal.Rptr. 447 ] (Salem)) That changed in the 1970’s when our Supreme Court issued a series of decisions that applied a foreseeability analysis to conclude that the furnishing of alcohol to an intoxicated consumer could be the basis for a negligence claim.

2012(Salem v. Superior Court (1989) 211 Cal.App.3d 595, 599 [ 259 Cal.Rptr. 447 ] (Salem)) That changed in the 1970’s when our Supreme Court issued a series of decisions that applied a foreseeability analysis to conclude that the furnishing of alcohol to an intoxicated consumer could be the basis for a negligence 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 (7)

CaseCitedYears
Semore v. Pool green
calctapp · 1990
2 sentences

2023(Semore v. Pool (1990) 217 Cal.App.3d 1087, 1105 .) Ponciano has not alleged a duty owed to him that was breached, causing him to suffer serious emotional distress.

2023(Semore v. Pool (1990) 217 Cal.App.3d 1087, 1105 .) “Generally, the right to recover workers’ compensation benefits is the exclusive remedy for an employee against an employer for a workplace injury.” (M.F. v. Pacific Pearl Hotel Management LLC (2017) 16 Cal.App.5th 693, 699 .) A plaintiff, however, “may pursue a claim for intentional infliction of emotional distress in the employment context where the conduct at issue violates FEHA and also satisfies the elements of the claim.” (Light v. Department of Parks & Recreation (2017) 14 Cal.App.5th 75, 101 , italics added.) Chapman’s fifth cause of

22023–2023
Spates v. Dameron Hospital Ass'n green
calctapp · 2003
1 sentence

2025(Spates v. Dameron Hospital Assn. (2003) 114 Cal.App.4th 208, 218 .) Here, appellants identify as a basis for a negligence claim a statute designed to protect a tenant’s property left on the premises after the tenant vacated.

12025–2025
M.F. v. Pac. Pearl Hotel Mgmt. LLC green
calctapp · 2017
1 sentence

2023(Semore v. Pool (1990) 217 Cal.App.3d 1087, 1105 .) “Generally, the right to recover workers’ compensation benefits is the exclusive remedy for an employee against an employer for a workplace injury.” (M.F. v. Pacific Pearl Hotel Management LLC (2017) 16 Cal.App.5th 693, 699 .) A plaintiff, however, “may pursue a claim for intentional infliction of emotional distress in the employment context where the conduct at issue violates FEHA and also satisfies the elements of the claim.” (Light v. Department of Parks & Recreation (2017) 14 Cal.App.5th 75, 101 , italics added.) Chapman’s fifth cause of

12023–2023
Light v. Cal. Dep't of Parks & Recreation green
calctapp · 2017
1 sentence

2023(Semore v. Pool (1990) 217 Cal.App.3d 1087, 1105 .) “Generally, the right to recover workers’ compensation benefits is the exclusive remedy for an employee against an employer for a workplace injury.” (M.F. v. Pacific Pearl Hotel Management LLC (2017) 16 Cal.App.5th 693, 699 .) A plaintiff, however, “may pursue a claim for intentional infliction of emotional distress in the employment context where the conduct at issue violates FEHA and also satisfies the elements of the claim.” (Light v. Department of Parks & Recreation (2017) 14 Cal.App.5th 75, 101 , italics added.) Chapman’s fifth cause of

12023–2023
Burgess v. Superior Court green
cal · 1992
1 sentence

2023Its existence depends upon the foreseeability of the risk and a weighing of policy considerations for and against imposition of liability.’ ” (Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1072 .) An employer’s supervisory actions are inherently intentional and not the basis for a negligence claim.

12023–2023
Delfino v. Agilent Technologies, Inc. green
calctapp · 2006
1 sentence

2023(Delfino v. Agilent Technologies, Inc. (2006) 145 Cal.App.4th 790, 818 .) An employer’s supervisory actions are inherently intentional and not the basis for a negligence claim.

12023–2023
Wells Fargo Bank, N.A. v. FSI, Financial Solutions, Inc. green
calctapp · 2011
1 sentence

2014(FSI, supra, 196 Cal.App.4th at p. 1570 .) In light of this statutory right, Bank’s action was not “wrongful” for purposes of conversion even if it was otherwise liable for damages due to its own negligence.

12014–2014

Where else courts name it

OR 5 (1994–2026) CA 5 (2012–2025) GA 4 (1992–2019) OH 4 (1999–2012) AL 3 (2010–2018) RI 2 (2003–2012) TN 2 (1997–1997) MS 2 (1998–2001)

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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