What is the test for whether a person can be held liable for damages under section 54.3(c) of the California Civil Code?

MultiRegion, United States of America

The following excerpt is from CB v. SONORA SCHOOL DIST., 691 F. Supp.2d 1123 (E.D. Cal. 2009):

California Civil Code 54.3(c) provides that "a person may not be held liable for damages pursuant to both this section and Section 52 for the same act or failure to act."

As explained in Molski v. Arciero Wine Group, 164 Cal.App.4th 786, 791-792, 79 Cal.Rptr.3d 574 (2008):

Other Questions


Does section 1431.2 of the California Civil Code prohibit damages under California Code of Civil Procedure section 877 from being calculated as "economic damages" rather than as damages for personal injury? (MultiRegion, United States of America)
Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
Does the US Supreme Court have any authority to determine whether a person who has been denied a right to sue under section 5 of the Civil Code of Civil Procedure is entitled to appeal? (MultiRegion, United States of America)
What is the test for a jury to determine whether a defendant can be held liable for using section 1058 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Can a plaintiff bring a claim for malicious prosecution under section 1983 of the California Civil Code of Civil Procedure against the Department of Justice for improper search and seizure of personal information? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)
What is the test for determining whether a federal court has jurisdiction to hear a claim under section 1367(c) of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.