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The act provides immunity to the State of California and its related entities from being sued. The law immunizes public employees from liability for “instituting or prosecuting any judicial or administrative proceeding” within the scope of their employment, “even if” the employees act “maliciously and without probable cause.” (Cal. Gov. Code, § 821.6)
Li v. Yellow Cab Co., 13 Cal.3d 804, 532 P.2d 1226 (1975), commonly referred to simply as Li, is a California Supreme Court case that judicially embraced comparative negligence in California tort law and rejected strict contributory negligence.
The choice may affect time limits or damages, particularly given that damages are typically relatively limited in contract cases while in tort cases noneconomic damages such as pain and suffering may be awarded. [173] Punitive damages are relatively uncommon in contractual cases versus tort cases. [174]
The tort was described in the case of Keeble v Hickeringill (1707) 103 Eng. Rep. 1127, styled as a "trespass on the case". In that case, the defendant had used a shotgun to drive ducks away from a pond that the plaintiff had built for the purpose of capturing ducks.
Remedies available vary depending on the type of tort committed and include: Damages – Monetary compensation or restitution for the claimant under the principle of restitutio ad integrum . Injunction – A court order requiring or forbidding an individual or entity to take/from taking a particular course of action.
The family of Kristin Smart, a college student whose body has never been found, is suing the California university where she was allegedly killed, according to court documents filed Thursday ...
Decided November 17, 1948; Full case name: Charles A. Summers v. Howard W. Tice, et al. Citation(s) 33 Cal.2d 80 199 P.2d 1: Holding; When a plaintiff suffers a single indivisible injury, for which the negligence of each of several potential tortfeasors could have been a but-for cause, but only one of which could have actually been the cause, all the potential tortfeasors are jointly and ...
Learn about full and limited tort car insurance and if you can sue after an accident.