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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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employment[.]” Eastburn v. Regional Fire Protection
Authority, 80 P.3d 656, 658 (Cal. 2003). The Housing
Authority asserts, and the plaintiffs do not dispute, that
plaintiffs theory of negligence is “essentially
interchangeable” with its § 815.6 claim discussed in Section
V.A above. Indeed, the elements of a vicarious liability claim
against a public entity in California are “virtually identical”
to the elements of a § 815.6 claim. Alejo v. City of Alhambra,
89 Cal. Rptr. 2d 768, 771 & n.3 (Ct. App. 1999); see also San
Mateo Union High School District v. Cnty. of San Mateo,
152 Cal. Rptr. 3d 530, 542–544 (Ct. App. 2013). The above
discussion of the plaintiffs’ § 815.6 claim, therefore, applies
equally to their vicarious liability claim and they are entitled
to summary judgment on the merits of this claim as well. VI. REASSIGNMENT