Is there any common law common law governmental liability for damages arising out of a trespass claim?
California, United States of America
The following excerpt is from Keegan v. Viviani, G048609 (Cal. App. 2015):
be held liable only if a statute . . . is found declaring them to be liable. . . . [T]he practical effect of this section is to eliminate any common law governmental liability for damages arising out of torts.' [Citation.]" (Odello Brothers v. County of Monterey, supra, 63 Cal.App.4th at p. 792.) "[A]pellants' trespass cause of action is a tort claim." (Id. at p. 793.) There is no government liability for that tort. (Ibid.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a claim or claim arising from a motor vehicle accident is a claim for damages arising from an accident? (California, United States of America)
Can a claim be made against a claim that there is no assumption of liability or assumption of liabilities by the claim? (California, United States of America)
When a judge refers to "common sense, common-sense, popular parlance" or "common-sense", does this mean that the judge must be able to rely solely on common sense or common- sense? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is there sufficient evidence to support a claim for lost income capacity damages in a case where the claim is for damages from a private practice that a plaintiff never opened? (California, United States of America)
What are the procedural requirements of a tort claim under the California Tort Claims Act for damages arising out of contract? (California, United States of America)
Is a third party's claim against an insurance company for damages arising out of an underlying claim? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
Can a plaintiff in a common-law negligence action against three other parties claim damages for common law negligence? (California, United States of America)
Is a plaintiff's claim for damages arising out of a collision involving a tractor that causes damage to the truck driver's car? (California, United States of America)
