What is Negligence?

The elements of any negligence cause of action are duty, breach of duty, proximate cause, and damages. Peredia v. HR Mobile Services, Inc. (2018) 25 Cal.App.5th 680, 687; Strong v. State of Cal. (2011) 201 Cal.App.4th 1439, 1449; County of Santa Clara v. Atl. Richfield Co. (2006) 137 Cal.App.4th 292, 318.

“To establish liability in negligence, it is a fundamental principle of tort law that there must be a legal duty owed to the person injured and a breach of that duty which is the proximate cause of the resulting injury.&rdquo?; Jacoves v. United Merchandising Corp. (1992) 9 Cal.App.4th 88, 114.

A fundamental element of any cause of action for negligence is the existence of a legal duty of care running from the defendant to the plaintiff. Taylor v. Elliott Turbomachinery Co. Inc. (2009) 171 Cal.App.4th 564, 593.

Whether a duty of care exists is a question of law for the court. Strong v. State of Cal. (2011) 201 Cal.App.4th 1439, 1449. “The issue of whether a legal duty exists is an issue of law, not an issue of fact for the jury.” Kentucky Fried Chicken of Cal., Inc. v. Super. Ct. (1997) 14 Cal.4th 814, 819.

“Primary assumption of risk arises where a plaintiff voluntarily participates in an activity or sport involving certain inherent risks; primary assumption of risk... bar[s] recovery because no duty of care is owed as to such risks.” West v. Sundown Little League of Stockton (2002) 96 Cal.App.4th 351, 357 (internal quotations and citations omitted).

Nonetheless, a defendant has “a duty to use due care not to increase the risks to a participant over and above those inherent in the [activity].” Knight v. Jewett (1992) 3 Cal.4th 296, 315-316. An inherent risk is one that cannot be eliminated without altering the nature of the activity. Knight v. Jewett (1992) 3 Cal.4th 296, 317.

Children are an exception to negligence claims. Gonzales v. Davis (1925) 197 Cal. 256, 260 (five year old too young to be contributorily negligent); Ellis v. D’Angelo (1953) 116 Cal.App.2d 310, 315-317 (four year old cannot be negligent, as a matter of law).

In general, attorney’s fees are not recoverable in an ordinary action for negligence. Code Civ. Proc., § 1021.

Useful Rulings on Negligence

Recent Rulings on Negligence

1-25 of 10000 results

T-12 THREE, LLC VS. TURNER CONSTRUCTION COMPANY

The analysis applicable to MaryJane as to the negligence claim applies equally to Evolution. 3. HRB HRB operates the food and beverage facilities, bars and conference rooms in the hotel pursuant to a lease with T-12. Turner moves for summary adjudication only as to HRB’s Second Cause of Action for Negligence. Turner’s motion fails for the same reason explained above relevant to MaryJane’s negligence claim. 4.

  • Hearing

CARRIEN QIAN HE, AN INDIVIDUAL VS JAY MIN CHEN, AN INDIVIDUAL, ET AL.

On February 20, 2019, He filed a complaint, asserting causes of action against Defendants Chen, Hung and XTR, Nominal Defendant Globalinks and Does 1-30 for: Conversion Unauthorized Transfer of Corporate Assets Breach of Fiduciary Duty Embezzlement Fraud and Concealment Negligent Misrepresentation and Concealment Unjust Enrichment Removal of Director Corp Code § 304 Accounting Declaratory Relief Violation of Business & Professions Code §§ 17200, et seq.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LUZ BELTRAN, ET AL. VS NICHOLAS SCHWARTZ, ET AL.

On December 31, 2019, Plaintiffs filed a complaint, asserting causes of action against Schwartz, Platinum and Does 1-100 for: Fraud and Deceit Negligence/Negligent Misrepresentation Breach of Contract Fraud in the Inducement On February 27, 2020, Schwartz’s and Platinum’s defaults were entered. A Case Management Conference and an Order to Show Cause Re: Failure to Proceed with Default Judgment are set for December 3, 2020.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MARTIN BALMACEDA VS ZHICHENG LIU ET AL

Defendants’ Motion for Summary Judgment Plaintiff’s theory of the case against Defendants is that they negligently entrusted the vehicle to Liu.

  • Hearing

HAIM¿ AHRONI VS LISA¿ DIANE HARPER, ET AL.

In this case, Plaintiff alleges the following: (1) Defendant Lisa Harper veered into Lane #1 in front of Plaintiff’s vehicle due to inattentive driving and speeding; (2) In doing so, Defendant Lisa Harper violated Vehicle Code section 22107; (3) Defendant Lisa Harper unlawfully entered Plaintiff’s path of travel; and (4) There was negligent entrustment. None of these allegation supports a claim for punitive damages. To the contrary, this case sounds in negligence.

  • Hearing

ALESSANDRA M. STRAHL, TRUSTEE OF THE ALESSANDRA STRAHL REVOCABLE LIVING TRUST U/T/D 0924-93. VS JNY INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

Strahl, Trustee of the Alessandra Strahl Revocable Living Trust U/T/D 09-24-93 commenced this action against Defendant JNY Investments LLC for (1) breach of contract; and (2) negligence. On October 19, 2020, default was entered against Defendant JNY Investments LLC. ANALYSIS: Plaintiff has not filed her request for dismissal of DOES. (CRC 3.1800(a)(7).)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

SHAFFER V RICE RANCH COMMUNITY LLC

On January 10, 2020, plaintiffs filed a complaint alleging the following causes of action: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty; (4) recovery on license bond; (5) negligence; and (6) negligent infliction of emotional distress. Defendant Arch Insurance Company (“Arch”) is the bonding company for Shea Homes and the named defendant in the 4th cause of action for recovery on the license bond. It filed its demurrer on August 6, 2020.

  • Hearing

HAROULA SPYROPOULOUS VS CITY OF LOS ANGELES, A GOVERNMENT ENTITY

Sanborn Avenue, Los Angeles, California (the “Property”) due to leaking sewer lines, alleging causes of action for: (1) inverse condemnation; (2) negligence; and (3) nuisance.

  • Hearing

BAHRAM JARIDIAN VS SUBARU OF AMERICA, INC., ET AL.

“Mere negligence, even gross negligence, is not sufficient to justify such an award” for punitive damages. (Kendall Yacht Corp. v. United California Bank (1975) 50 Cal.App.3d 949, 958.) Defendant moves to strike Plaintiff’s punitive damages request. (Motion to Strike, p. 2:5-8.) Defendant argues that Plaintiff has not pled a viable fraud claim that can support a punitive damages claim. (Ibid.)

  • Hearing

FENGXIA HUAI VS CALIFORNIA INVESTMENT REGIONAL CENTER, LLC, ET AL.

On November 9, 2020, Plaintiff filed a Second Amended Complaint (“FAC”), asserting causes of action against CIRC, Hawaii LP, Law Offices of Deacon Zhang, PC (“Zhang PC”), Daqin Zhang aka Deacon Zhang aka Daqin Deacon Zhang (“Zhang”), Fang, Hu and Does 1-50 for: Intentional Misrepresentation Negligent Misrepresentation Breach of Contract Violation of Corporations Code § 25401 Legal Malpractice A Case Management Conference is set for December 1, 2020.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JERRY TAYLOR, JR. VS AVANI HOME, INC., ET AL.

Plaintiff asserts causes of action for negligence and premises liability. Plaintiff filed his complaint on October 22, 2019, to which Defendant Herberg A. Bagoro demurred. Prior to the hearing, Plaintiff filed a first amended complaint. Therefore, the demurrer is overruled as moot. Defendants shall provide notice and file proof of such with the Court. DATED: December 1, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JIN HONG VS MICHELLE KIM, ET AL.

Prosecution Abuse of Process Intentional Infliction of Emotional Distress Negligence Cal.

  • Hearing

ORLI SANTOS, AN INDIVIDUAL, ET AL. VS LA PROPERTIES HEFFESSE LLC, LIMITED LIABILITY COMPANY

BACKGROUND Plaintiffs’ compliant alleges the following causes of action: (1) breach of warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of California Civil Code, Section 1942.4; and (6) private nuisance. Plaintiffs filed a motion (the “Motion”) for an order granting Plaintiffs leave to file a First Amended Complaint. DISCUSSION Code Civ.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

RENEE STARR VS CITY OF LOS ANGELES, ET AL.

Plaintiff’s second cause of action is for negligence. In support of that cause of action, Plaintiff alleges that Defendant is “liable for Plaintiff[’s] injuries under the Government Code, including inter alia, §§ 815.2, 815.4, 815.6, 820, 830, 835, and/or 840.2, for the dangerous condition that existed.” (Complaint, p. 5.)

  • Hearing

DAVID MINSER V. COLLECT ACCESS, LLC, ZEE LAW GROUP, PC, ET AL.

The granting of a new trial as to one of several independent tort-feasors, found jointly liable for negligence, does not vacate the judgment against the remainder. But if the rights and liabilities of the codefendants are interdependent or those of one are entirely dependent on the other, the judgment should be treated as an entirety, and, if vacated as to the one upon whom the other's rights depend, also as to the latter. (Hoffmann v. Lane (1936) 11 Cal.App.2d 655, 661.)

  • Hearing

BLANCA Y NAVARRO, ET AL. VS ROBERT WU, ET AL.

Negligence—Premises Liability 5. Nuisance 6. Battery 7. Intentional Infliction of Emotional Distress 8. Negligent Infliction of Emotional Distress 9. Breach of Contract 10. Breach of Covenant of Quiet Enjoyment On August 31, 2020, Plaintiffs filed an “Amendment to Complaint,” wherein All County West Property Management aka All County Property Management West was named in lieu of Doe 1.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BLUE TOWN, LLC VS SOUTHWEST SERVICES GROUP, LLC, ET AL.

On March 13, 2020, Plaintiff filed a first amended complaint (FAC) against Southwest Services Group, LLC (Southwest), RT Development, LLC (RT), and Brett Miles, alleging: (1) breach of promissory note; (2) fraudulent inducement; (3) negligent misrepresentation; (4) account stated; and (5) money had and received. Now, Plaintiff moves to strike the answers of both Southwest and RT.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CARLOS ANTHONY LOPEZ VS THE DEPARTMENT OF CHILDREN & FAMILY SERVICES

In the second attachment for “Fraud,” Plaintiff alleges intentional or negligent misrepresentation under Paragraph FR-2(a) alleging a Detention Report used the wrong date of birth for an incident on November 14, 2013, and under (b) that he was not arrested by LASD. There are no other dates reflected in this attachment. The SAC is uncertain.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOSEPH SORIA VS MILLERCOORS, LLC, ET AL.

(“Alltech”), Pacific, PolyOne Corporation, Marinela Hendon (“Hendon”) and Does 1-100 for: General Negligence Premises Liability Negligent Undertaking Strict Products Liability—Design Defect Strict Products Liability—Failure to Warn On November 10, 2020, a “Stipulation of Plaintiff Joseph Soria and Defendants MillerCoors, LLC, MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon to Dismiss MillerCoors USA, LLC, Molson Coors Brewing Company, and Marinela Hendon” was filed.

  • Hearing

YANG NAM KIM VS KOREA SENIOR CITIZENS MUTUAL CLUB, A CALIFORNIA CORPORATION, ET AL.

Defendants maintain that “Plaintiff also alleges Negligence per se under the first cause of action, however, fails to provide sufficient facts to how defendant violated Welfare and Institution Code or how the code was designed to protect plaintiff.” (Id. at p. 5:25-27.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANDREW COCHRAN VS CP IV PARTHENIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

On March 24, 2020, Plaintiff filed a complaint for Tortious Breach of Warranty of Habitability, Breach of the Covenant of Quiet Enjoyment, Nuisance, Business and Professions Code section 17200, Negligence, and Breach of Contract. RULING: Denied. Defendants, CP IV Parthenia, LLC and Greystar Worldwide, LLC move to strike allegations in support of, and request for, punitive damages in negligence cause of action.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

DAVID BABAIE, ET AL. VS TRANS WEST INVESTIGATIONS, INC., A CORPORATION, ET AL.

“Mere negligence, even gross negligence, is not sufficient to justify such an award” for punitive damages. (Kendall Yacht Corp. v. United California Bank (1975) 50 Cal.App.3d 949, 958.) Defendant argues that the request for punitive damages should be stricken because the FAC “fails to allege any conduct which can meet the definition of malice, oppression or fraud.” (Motion to Strike, p. 8:26-27.)

  • Hearing

DENIM JOHNSON, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, ROCHELLE FANTROY, ET AL. VS LAUREN DAY, ET AL.

and general negligence against Defendants Lauren Day and James Day (collectively, “Defendants”).

  • Hearing

DEBRA MCCOY, AN INDIVIDUAL VS LINDA MAE KUSHNER, AN INDIVIDUAL

Plaintiff alleges negligence in the complaint for a pedestrian-automobile collision that occurred on January 31, 2018. On August 18, 2020, Plaintiff filed a first amended complaint (“FAC”) to, in part, allege a cause of action for intentional infliction of emotional distress. On October 7, 2020, Defendant filed a motion to strike punitive damages from the FAC pursuant to California Code of Civil Procedure section 435, subdivision (b). Trial is set for June 28, 2021.

  • Hearing

KIAN MORADZADEH VS CITY OF LOS ANGELES, A CALIFORNIA PUBLIC ENTITY, ET AL.

The City demurs to the negligence and strict liability causes of action arguing that Plaintiff improperly seeks to hold the City liable for negligence under common law tort principles. “A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person” except as provided by statute. (Gov. Code, § 815(a).)

  • Hearing

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