What are the elements of a battery claim?

California, United States of America


The following excerpt is from Huber v. City of Stockton, C086700 (Cal. App. 2019):

" 'A battery is any intentional, unlawful and harmful contact by one person with the person of another.' " (Fluharty v. Fluharty (1997) 59 Cal.App.4th 484, 497.) "The essential elements of a cause of action for battery are: (1) defendant touched plaintiff, or caused plaintiff to be touched, with the intent to harm or offend plaintiff; (2) plaintiff did not consent to the touching; (3) plaintiff was harmed or offended by defendant's conduct; and (4) a reasonable person in plaintiff's position would have been offended by the touching." (So v. Shin, supra, 212 Cal.App.4th at p. 669; see also CACI No. 1300.) A plaintiff alleging a battery cause of action against a police officer must also plead and prove that the officer used unreasonable force in making a lawful arrest or detention, and

Page 10

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 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 defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (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)
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)
Does a jury need to be told that the element of offense is not a given, not a required element, and that the omission of that element is a harmless error? (California, United States of America)
Is there any case law where a defendant has been convicted of battery, spousal battery, resisting arrest, and battery on a police officer? (California, United States of America)
In what circumstances will a federal equal protection claim be successful against a state constitutional claim? (California, United States of America)
How have courts treated a defendant's claim that the trial court erred by refusing to instruct on the elements of rape and sodomy generally? (California, United States of America)
Does the court have a duty to instruct the jury on the elements of battery, false imprisonment, and assault with a deadly weapon? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.