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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1437f

Citation
§ 1437f
Parent Document
Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Effective Date
2015-11-30

Other Sections in This Document (154)

Full Text

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26
     See also Hines v. United States, 60 F.3d 1442, 1448–49 (9th Cir.
1995) (holding that under California law, federal regulation created a
mandatory duty), abrogated on other grounds by United States v. Olson,
546 U.S. 43 (2005); Bowman v. Wyatt, 111 Cal. Rptr. 3d 787, 808 n.10
(Ct. App. 2010) (noting that jury was instructed that mandatory duty under
§ 815.6 could be supplied by federal regulation).
 27
   Notwithstanding the Housing Authority’s assertion to the contrary, the
fact that there is no federal cause of action to enforce directly 24 C.F.R.
§ 982.505(c)(3) does not defeat plaintiffs’ § 815.6 claim. See Haggis v.
City of Los Angeles, 993 P.2d 983, 988 (Cal. 2000) (“It is section 815.6,
not the predicate enactment, that creates the private right of action.”
(emphasis in original)).
42                    NOZZI V. HACLA