What is the test for a cause of action for negligence per se?

Like the trial court, we reject plaintiffs' contention that the facts alleged in the second amended complaint give rise to a cause of action for negligence per se. The court considered an analogous claim in Stout v. City of Porterville (1983) 148 Cal.App.3d 937. There, plaintiff Stout was stopped by a police officer while walking on a main thoroughfare at 1:30 a.m. The officer asked Stout why he was in the area and about his sobriety, and then allowed him to leave. Stout alleged that when he was questioned by the officer, he was intoxicated and unable to care for himself. He subsequently was struck by a vehicle driven by a third party and injured. (Id. at p. 940.)