This Chapter deals with common law negligence
actions which, as explained in Chapters 2 and 3, can only
be brought in state court (unless attached to a federal civil
rights action). See Chapter 12 for civil rights actions based
on “deliberate indifference.”
The elements of a common law negligence cause of
action are:
1) A duty to use reasonable care;
2) Breach of that duty;
3) Proximate cause between the breach of duty and the
injuries to the plaintiff; and
4) Damages to the plaintiff. (Mendoza v. City of Los
Angeles, 66 Cal.App.4th 1342, 78 Cal.Rptr.2d 525
(1998)