§ 1437f

Citation: § 1437f
Parent Document: Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-30
Original Source: https://www.courtlistener.com/opinion/3158630/nozzi-v-housing-authority/ ↗

Full Text

838 chars

Next, we turn to the plaintiffs’ allegations that the
Housing Authority violated various provisions of the
California Government Code. California has abolished
common law tort liability for public entities. Miklosy v.
Regents of California, 188 P.3d 629 (Cal. 2008). Thus, under
California law, “‘[a] public entity is not liable for an injury,’
‘[e]xcept as otherwise provided by statute.’” Eastburn v.
Regional Fire Prot. Auth., 80 P.3d 656, 657–58 (Cal. 2003)
(quoting Cal. Gov. Code § 815(a)). Plaintiffs claim that the
Housing Authority is liable under two statutes: (1) California
Government Code § 815.6 which governs liability for public
entities that breach their mandatory duties, and (2) California
Government Code § 815.2 which governs vicarious liability
for public employees’ negligence. A. California Government Code § 815.6

Other Sections in This Document (154)

Full Text