The following excerpt is from Deloney v. Cnty. of Fresno, 1:17-cv-01336-LJO-EPG (E.D. Cal. 2018):
contain the elements of actionable negligence. Jacoves, 9 Cal. App. 4th at 105 ("In any action for wrongful death resulting from negligence, the complaint must contain allegations as to all the elements of actionable negligence"). To state a claim for negligence requires proof that (1) defendant had a duty to use care, (2) defendant's breached that duty, and (3) the breach of duty was the proximate or legal cause of the resulting injury. Hayes v. County of San Diego, 57 Cal. 4th 622, 629 (2013) (internal citation omitted).
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