Focus (Forum & Focus)
Nov. 16, 2007
Reviving Remedies
Focus Column - By Mark F. Didak - A battle is raging in California's courts over whether a civil action for damages can be brought for a violation of statutory duties if the statute doesn't expressly provide for the remedy.
By Mark F. Didak
Under Civil Code Section 1428, enacted in 1873, those damaged by another's violation of statutory duties can bring a civil action for damages, whether or not the statute sued under provides for them. This principle has been affirmed in a long line of cases of the California Supreme Court and other courts.
Enforcing Rights
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