Can a plaintiff maintain a cause of action for negligence?

California, United States of America


The following excerpt is from Banayan v. Onewest Bank, D064387 (Cal. App. 2015):

Finally, I would conclude as a matter of law there is no tort duty of care owed by defendants to plaintiff, and thus plaintiff cannot maintain a cause of action for negligence. This court has previously explained: "The law of torts is concerned with the compensation of individuals who have sustained injury as a result of the unreasonable conduct of another. Since tort liability is ultimately imposed to achieve a desirable social climate, 'public policy' plays a major role in determining the standard of conduct required by a particular fact situation." (Wagner v. Benson (1980) 101 Cal.App.3d 27, 34.) In Wagner, this court declined to hold a bank had a duty of care in connection with its loan

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