California, United States of America
The following excerpt is from Stoltz v. Citrus Valley Health Partners, B201665 (Cal. App. 9/18/2008), B201665 (Cal. App. 2008):
The "well-known elements of any negligence cause of action" are "duty, breach of duty, proximate cause and damages." (Artiglio v. Corning Inc. (1998) 18 Cal.4th 604, 614.) A defendant moving for summary judgment must show that one or more elements of the plaintiff's cause of action cannot be established:
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