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California Points & Authorities
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
17-178 California Points & Authorities 178.syn
The Matthew Bender Editorial Staff
This chapter of California Points and Authorities contains memoranda of points and authorities relating to the liability of a possessor of real property to persons on and off the premises for conditions existing on the premises. The chapter includes points and authorities relating to the general liability of an owner or possessor of premises to persons on and off the premises, and pertaining to the duty of an owner or possessor to control the conduct of third persons. Points and authorities dealing with an owner's or possessor's liability for acts of an independent contractor, pertaining to the firefighter's rule, and concerning the liability of a landowner to recreational users are also included.
California Points and Authorities is the only California publication to provide forms that combine concise arguments of the law with accurate summaries of supporting statutes, cases, and rules. Easily adaptable for use in trial and appellate briefs and researching jury instructions, the forms are designed to assist the attorney in arguing points of law at all stages of litigation.
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For a discussion of how to draft a memorandum of points and authorities or a trial or appellate brief, and for a sample of a complete memorandum, see Ch. 1, Writing Legal Memoranda and Briefs.
For a memorandum of points and authorities relating to an action against a tavern proprietor by a patron for personal injuries due to an assault by an intoxicated patron, see Ch. 15A, Alcoholic Beverages: Civil Liability for Furnishing.
For memoranda of points and authorities relating to negligence actions generally, see Ch. 165, Negligence.
For memoranda of points and authorities relating to the liability of a public entity for a dangerous condition of public property, see Ch. 196, Public Entities.
See California Torts (Matthew Bender) for discussion on the current state of tort law, as well as analysis of unsettled areas, including: negligence; effect of workers' compensation law; medical, legal and other professional malpractice; intentional torts; wrongful termination; discrimination and harassment; public entity liability and claims procedure; and insurance claims.
For a more detailed discussion of premises liability and for forms of complaints for use in actions based on premises liability, see California Forms of Pleading and Practice, Ch. 421, Premises Liability (Matthew Bender).
For a discussion of and forms of complaints for use in negligence actions by persons injured by dogs, see California Forms of Pleading and Practice, Ch. 23, Animals: Civil Liability (Matthew Bender).
For a discussion and forms of complaints in negligence actions, see California Forms of Pleading and Practice, Ch. 380, Negligence (Matthew Bender).