Legal Opinion · Concurrence

State Department of State Hospitals v. Superior Court

California Supreme Court

Decided June 1, 2015No. S215132Published

1Concurrence

WERDEGAR, J.,

Concurring. — I concur in the court’s decision affirming the Court of Appeal’s judgment ordering the superior court to sustain *358defendants’ demurrers to plaintiff’s first and second causes of action. I do so, however, on narrower grounds than the majority. The majority holds plaintiff’s allegations of proximate cause are both legally insufficient as to cause in fact and in contravention of public policies involving discretionary governmental decisions. (Maj. opn., ante, at pp. 355-357.) I agree with the first conclusion but not the second.

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2Cases cited9 opinions

  1. Evans v. City of BerkeleyCalifornia Supreme Court · 2006
  2. Landeros v. FloodCalifornia Supreme Court · 1976
  3. Royal Indemnity Co. v. Factory Mutual Insurance Co.Supreme Court of Iowa · 2010
  4. Whitcombe v. County of YoloCalifornia Court of Appeal · 1977
  5. Berry v. Borough of Sugar NotchSupreme Court of Pennsylvania · 1899

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