Legal Opinion
Elson v. Public Utilities Commission
California Court of Appeal
Decided September 23, 1975No. Civ. 45069PublishedCited by 33 opinions
1Opinion of the Court
Opinion
COLE (J. L.), J. *
This matter primarily concerns the relationship between sections 815.6 and 818.4 of the Government Code.
The former provides: “Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the public entity is liable for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty.”
The latter states: “A public entity is not liable for an injury caused by the issuance,…
2Cases cited12 opinions
- Barr v. MatteoSupreme Court of the United States · 1959
- Muskopf v. Corning Hospital DistrictCalifornia Supreme Court · 1961
- Lipman v. Brisbane Elementary School DistrictCalifornia Supreme Court · 1961
- Coverstone v. DaviesCalifornia Supreme Court · 1952
- Hardy v. VialCalifornia Supreme Court · 1957
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Morris v. County of MarinCalifornia Supreme Court · 1977
- Nunn v. State of CaliforniaCalifornia Supreme Court · 1984
- Malloy v. StateSupreme Court of New Jersey · 1978
- State of California v. Superior CourtCalifornia Court of Appeal · 1984
- Charlie Brown Construction Co. v. City of Boulder CityNevada Supreme Court · 1990
28 more not listed; retrieve them via the Exa API.