[DOWNLOAD] "Haight v. City of San Diego" by Fourth Appellate District, Division One Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: Haight v. City of San Diego
- Author : Fourth Appellate District, Division One Court of Appeal of California
- Release Date : January 25, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Petitioner (defendant) seeks a writ of mandate directing respondent superior court to grant his motion for summary judgment. The underlying wrongful death action was brought by real party in interest (plaintiff) after defendant shot and killed her son, Ronald Schmidt. The premise of defendants summary judgment motion was, inter alia, that pursuant to Penal Code section 197, subdivision 4, the homicide was justifiable as a matter of law, and that in such circumstances there is no liability in tort. We agree with defendant that the superior courts finding the homicide was justifiable under the Penal Code standard precludes tort liability. Accordingly, we shall issue the writ.
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