Is trivial defect doctrine an affirmative defense?
California, United States of America
The following excerpt is from Lopez v. Ralph's Grocery Co., E059969 (Cal. App. 2015):
"The trivial defect doctrine is not an affirmative defense. It is an aspect of a landowner's duty which a plaintiff must plead and prove." (Stathoulis v. City of
Page 7
"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 "trivial defect" defense? (California, United States of America)
What is the legal test for a defense counsel to pursue an innocence defense rather than a voluntary intoxication defense? (California, United States of America)
Does the defense have to argue to the jury an affirmative defense of consensual sodomy? (California, United States of America)
What is the "trivial defect" defense? (California, United States of America)
What is the common law doctrine of transferred intent in the context of the doctrine of self-defense? (California, United States of America)
Is a mistake-of-fact defense defense defense harmless? (California, United States of America)
What is the trivial defect defense? (California, United States of America)
How have courts interpreted the doctrine of self-defense in cases that address other legal doctrines? (California, United States of America)
Does the invited error doctrine apply to the doctrine of imperfect self-defense? (California, United States of America)
Does a prosecutor have the authority to imply that defense counsel fabricated a defense? (California, United States of America)
