What is the test for determining whether a plaintiff was negligent or purposeful in delaying in applying for a permit to enter the application?

California, United States of America


The following excerpt is from People v. Smothers, 281 Cal.Rptr.3d 409, 66 Cal.App.5th 829 (Cal. App. 2021):

Penney v. Superior Court (1972) 28 Cal.App.3d 941, 954, 105 Cal.Rptr. 162.) Further, "whether the delay was negligent or purposeful is relevant to the balancing process. Purposeful delay to gain an advantage is totally unjustified, and a relatively

[281 Cal.Rptr.3d 432]

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