Brown v. Poway Unified School Dist.
4 Cal.4th 820 (Cal. 1993) Cited 170 timesStating that for res ipsa loquitor to apply the accident must have been caused "by an agency or instrumentality within the exclusive control of the defendant"
Birke v. Oakwood Worldwide
169 Cal.App.4th 1540 (Cal. Ct. App. 2009) Cited 53 timesHolding aggravation of asthma and chronic allergies from breathing secondhand smoke in apartment complex's outdoor common area sufficient to authorize private action for public nuisance
Venuto v. Owens-Corning Fiberglas Corp.
22 Cal.App.3d 116 (Cal. Ct. App. 1971) Cited 115 timesHolding that plaintiffs alleging respiratory disorders caused by defendant's air pollution had not demonstrated a special injury conferring standing for a public nuisance claim because the general public was also suffering general irritation to their respiratory systems and therefore the plaintiffs' injury was not different in kind
Van Kempen v. Hayward Area Park Etc. Dist
23 Cal.App.3d 822 (Cal. Ct. App. 1972) Cited 10 timesNoting that "public entity liability for property defects is not governed by the general rule of vicarious liability provided in section 815.2, but instead by the specific provisions set forth in sections 830-835.4"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal AnalysesAllowing service by filing papers with the court's electronic-filing system
Section 815.6 - Failure to discharge duty imposed by mandatory enactment
Cal. Gov. Code § 815.6 Cited 623 times 2 Legal AnalysesAuthorizing public entity liability for injuries caused by violations of "a mandatory duty imposed by an enactment that is designed to protect against the risk of particular kind of injury"