What is the test for a tort action for breach of duty?
California, United States of America
The following excerpt is from Clark v. Dep't of Corr., C083051 (Cal. App. 2018):
Where discretionary administrative acts must be performed, a tort suit for negligence does not lie. (See Ley v. State of California (2004) 114 Cal.App.4th 1297, 1306 [involuntary patient who was assaulted by another patient alleged breach of a duty
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