In San Diego, California, civil lawsuits need to have a basis or cause of action. Causes of action include negligence, emotional distress, physical torts, procedural torts, fraud and negligent misrepresentation, product liability and commercial sales, debtor/creditor fraudulent transfers, business torts and action, real property torts, real estate broker, escrow agent and notary liability, contract actions, defamation and privacy, insurance, employment, intellectual property, animal torts, wrongful death and survival actions and family law.

In part one of this article, real estate broker, escrow agent and notary liability, real property torts, business torts and actions, debtor/creditor fraudulent transfers, product liability and commercial sales, fraud and negligent misrepresentation, procedural torts, physical torts, emotional distress and negligence will be discussed.

In part two of this article, family law, wrongful death and survival actions, animal torts, intellectual property, employment, insurance, defamation and privacy and contract actions will be discussed.

The elements for a claim for negligence are duty, breach, causation and damage. Negligence causes of action can include motor vehicle negligence including car, motorcycle and truck, negligent entrustment, common carrier negligence, good Samaritan liability, providing alcohol to minors, ultra hazardous activities, premises liability and elder and dependent adult abuse among others.

Emotional distress can include intentional infliction of emotional distress, negligent information of emotional distress with a direct victim and also to a bystander.

Physical torts can include civil assault, civil battery, sexual battery, stalking, false imprisonment and false arrest.

Fraud and misrepresentation can include fraud, intentional deceit, negligent misrepresentation, constructive fraud and violation of Corporations Code Section 25401.

Product liability and commercial sales can include strict product liability for manufacturing or a design defect, strict product liability for failure to warn, breach of implied warranty for merchantability, breach of implied warranty of fitness for a particular purpose, breach of warranty of title in a sales contract, breach of implied warranty of habitability and products liability negligence.

Fraudulent transfers for debtors and creditors include actually fraudulent transfers and also constructively fraudulent transfers.

Business torts and actions include intentional interference with prospective economic advantage, negligent interference with prospective economic advantage, unfair competition under Business and Professions Code Section 17200, breach of confidence and false advertising under Business and Professions Code Section 17500.

Real property torts include trespass to land, slander of title, action to quiet title, waste, public nuisance and unlawful detainer.

Real estate broker, escrow agent and notary liability include broker liability to purchaser for intentional nondisclosure of material facts, broker liability for prospective purchaser for failure to inspect and disclose, broker's constructive fraud, action of commission on exclusive right to sell listing, action for commission on exclusive agency listing, principal's breach of duty of good faith and fair dealing, escrow agent's negligence and constructive fraud and negligence of notary public and sureties.

Please contact us to discuss your negligence case.