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Elements for Proving the Existence of Agency in a Tort Cause of Action

Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” “The existence of an agency is a factual question within the province of the trier of fact whose determination may not be disturbed on appeal if supported by substantial evidence.” (L. Byron Culver & Associates…read more →

Elements for Proving a Cause of Action in Tort for Intentional Infliction of Emotional Distress

CACI 1600. Intentional Infliction of Emotional Distress – Essential Factual Elements:nm [Name of plaintiff] claims that [name of defendant]’s conduct caused [him/her] to suffer severe emotional distress. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant]’s conduct was outrageous; 2. [That [name of defendant] intended to cause [name of plaintiff] emotional…read more →

Elements for Proving a Cause of Action in Tort for Assault

CACI 1301. Assault – Essential Factual Elements: [Name of plaintiff] claims that [name of defendant] assaulted [him/ her]. To establish this claim, [name of plaintiff] must prove all of the following: [1. That [name of defendant] acted, intending to cause harmful [or offensive] contact; 2. That [name of plaintiff] reasonably believed that [he/she] was about to be touched in a…read more →

Elements for Proving a Cause of Action in Tort for Battery

CACI 1300. Battery – Essential Factual Elements: [Name of plaintiff] claims that [name of defendant] committed a battery. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] [touched [name of plaintiff]] [or] [caused [name of plaintiff] to be touched] with the intent to harm or offend [him/her]; 2. That [name of…read more →

Elements for Proving a Cause of action in Tort for Negligence

California Civil Jury Instructions (CACI) CACI 400. Negligence – Essential Factual Elements: [Name of plaintiff] claims that [he/she] was harmed by [name of defendant]’s negligence. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] was negligent; 2. That [name of plaintiff] was harmed; and 3. That [name of defendant]’s negligence was…read more →