6 Cited authorities

  1. Brown v. Poway Unified School Dist.

    4 Cal.4th 820 (Cal. 1993)   Cited 168 times
    Stating 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"
  2. Birke v. Oakwood Worldwide

    169 Cal.App.4th 1540 (Cal. Ct. App. 2009)   Cited 53 times
    Holding 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
  3. Venuto v. Owens-Corning Fiberglas Corp.

    22 Cal.App.3d 116 (Cal. Ct. App. 1971)   Cited 115 times
    Holding 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
  4. Van Kempen v. Hayward Area Park Etc. Dist

    23 Cal.App.3d 822 (Cal. Ct. App. 1972)   Cited 10 times
    Noting 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"
  5. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,113 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  6. Section 815.6 - Failure to discharge duty imposed by mandatory enactment

    Cal. Gov. Code § 815.6   Cited 610 times   2 Legal Analyses
    Authorizing 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"