What is the test for a civil action for assault under the California Civil Code?
MultiRegion, United States of America
The following excerpt is from Gaut v. Sunn, 792 F.2d 874 (9th Cir. 1986):
Apart from reliance on criminal definitions, a civil action for assault will lie based upon invasion of the right of a person to live without being put in fear of personal harm. Lowry v. Standard Oil Co., 63 Cal.App.2d 1, 7, 146 P.2d 57, 60 (1944). This case was never cited again for this proposition but the case does appear under the heading "Personal Rights" in the discussion notes to California Civil Code Sec. 43 (Deering 1971).
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