Kramer v. City of Hayward

The plaintiff set out to recover from the city of Hayward or the town of Hayward, or both, the damages he incurred when his supper club and bowling alley caught fire and burned. The trial court held that neither the city nor the town was liable, and we agree.

City of Hayward.

Conceding that the city had no statutory duty to respond to a fire outside its city limits, plaintiff seeks to hold the city liable under one of three theories: (1) Liability to a third-party beneficiary under an implied contract; (2) tort liability based on negligent performance of a duty arising out of an implied…