The following excerpt is from Dragasits v. Rucker, Case No.: 18-cv-0512-WQH-AGS (S.D. Cal. 2020):
When determining whether an action for damages exists in a provision of the California Constitution, a court must engage in a two-step inquiry. Katzberg v. Regents of Univ. of Cal., 29 Cal. 4th 300, 317 (2002). First, the court must look at the language and history of the provision for an affirmative intent to authorize a claim for damages. Id. If no such intent is present, it must then consider whether to recognize a right to damages, based on whether "an adequate remedy exists, the extent to which a constitutional tort action would change established tort law, and the nature and significance of the constitutional provision." Id.
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