In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act?
California, United States of America
The following excerpt is from Martinez v. Bank of America, 82 Cal.App.4th 883, 98 Cal.Rptr.2d 576 (Cal. App. 2000):
We also look to the analytical factors in Rowland v. Christian, supra, 69 Cal.2d 108, 70 Cal.Rptr. 97, 443 P.2d 561 to decide whether public policy considerations make this a proper case for departing from the general rule in Civil Code section 1714, subdivision (a)
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