Legal Opinion

Genesis Environmental Services v. San Joaquin Valley Unified Air Pollution Control District

California Court of Appeal

Decided November 20, 2003No. F039948PublishedCited by 31 opinions

1Opinion of the Court

Opinion

CORNELL, J.

This appeal involves a general demurrer sustained without leave to amend and raises the question of whether the allegations made were sufficient to state a cause of action under any legal theory. Appellant, Genesis Environmental Services (Genesis), alleges that the negligence of the respondent, San Joaquin Valley Unified Air Pollution Control District (the District), prevented it from remaining eligible to pursue the business of testing emissions for companies and other sources subject to mandatory emissions testing. The District contends it owed no duty to see that Genesis…

2Cases cited12 opinions

  1. Village of Willowbrook v. OlechSupreme Court of the United States · 2000
  2. Harlen Associates v. The Incorporated Village of Mineola and Board of Trustees for the Incorporated Village of MineolaCourt of Appeals for the Second Circuit · 2001
  3. Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
  4. Zelig v. County of Los AngelesCalifornia Supreme Court · 2002
  5. Basim Esmail, Zabco Enterprises, Incorporated, and Nazco Enterprises, Incorporated v. Samuel T. MacRane Jr.Court of Appeals for the Seventh Circuit · 1995

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3Cited by31 opinions

  1. Gutierrez v. Carmax Auto Superstores Cal., California Court of Appeal, 5th District2018
  2. Las Lomas Land Company, LLC v. City of Los AngelesCalifornia Court of Appeal · 2009
  3. County Sanitation District No. 2 v. County of KernCalifornia Court of Appeal · 2005
  4. SYNGENTA CORP PROTECTION, INC. v. HellikerCalifornia Court of Appeal · 2006
  5. Wal-Mart Stores, Inc. v. City of TurlockCalifornia Court of Appeal · 2006

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