Cases of Interest

Only the government, not private individuals, can bring claims under Gov Code 36900 for civil redress of municipal code violations, unless the private individual can prove that they fall into one of the distinct categories where there is an exception.

A written contract is not required to invoke the Privette doctrine, and the undisputed facts established that petitioners delegated control over the project to the general contractor prior to the injury.

A notice of rejection of a claim sent by a public entity is insufficient if it does not include a warning that is substantially the same as the warning in Gov. Code § 913 even if there are specific facts that may lead the drafter of the notice to believe that part of the warning is not necessary.

Generally, there is no duty to protect others from the conduct of third parties unless there is a special relationship. If the court determines there is a special relationship between parties, the court must then consult the factors described in Rowland v. Christian to determine whether relevant policy considerations counsel limiting that duty.

The Commercial Traveler Rule provides that employees whose work entails travel receive an extension to workers’ compensation coverage to the travel itself and to other aspects of the trip reasonably necessary for the sustenance, comfort and safety of the employee.