The following excerpt is from Siphengphone v. Wells Fargo Bank, N.A., Case No.: 17-cv-02117-JAH-MDD (S.D. Cal. 2018):
of two general types: (a) the duty of a person to use ordinary care in activities from which harm might reasonably be anticipated, [or] (b) [a]n affirmative duty where the person occupies a particular relationship to others . . . . In the first situation, he is not liable unless he is actively careless; in the second, he may be liable for failure to act affirmatively to prevent harm." McGettigan v. Bay Area Rapid Transit Dist., 57 Cal.App.4th 1011, 1016-1017 (1997).
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