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CACI 423

What Is Public Entity Liability for Failure to Perform Mandatory Duty Law in California

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What is the Law in California for Public Entity Liability for Failure to Perform Mandatory Duty- California Civil Jury Instruction CACI 423

California Law

CA Civil Jury Instructions

CACI 423 - Public Entity Liability for Failure to Perform Mandatory Duty

As of September 1, 2010

California Civil Jury Instruction CACI 423

423. Public Entity Liability for Failure to Perform Mandatory

Duty

[Name of plaintiff] claims that [he/she] was harmed because [name

of defendant] violated [insert reference to statute, regulation, or

ordinance] which states: [insert relevant language]. To

establish this claim, [name of plaintiff] must prove all of the

following:

1. That [name of defendant] violated [insert reference to statute,

regulation, or ordinance];

2. That [name of plaintiff] was harmed; and

3. That [name of defendant]’s failure to perform its duty was a

substantial factor in causing [name of plaintiff]’s harm.

[Name of defendant], however, is not responsible for [name of

plaintiff]’s harm if [name of defendant] proves that it made

reasonable efforts to perform its duties under the

[statute/regulation/ordinance].

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