What is the test for determining whether a statute creates a private cause of action?
California, United States of America
The following excerpt is from Vasquez v. Solo 1 Kustoms, Inc., 237 Cal.Rptr.3d 851, 27 Cal.App.5th 84 (Cal. App. 2018):
9 Whether a statute creates a private cause of action is a question of law, and we exercise our independent judgment in resolving the issue. (Shamsian v. Department of Conservation (2006) 136 Cal.App.4th 621, 631, 39 Cal.Rptr.3d 62.)
9 Whether a statute creates a private cause of action is a question of law, and we exercise our independent judgment in resolving the issue. (Shamsian v. Department of Conservation (2006) 136 Cal.App.4th 621, 631, 39 Cal.Rptr.3d 62.)
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