Manta Management v. San Bernardino
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Filed 6/18/08 IN THE SUPREME COURT OF CALIFORNIA MANTA MANAGEMENT CORPORATION, ) ) ) Cross-complainant and Respondent, ) ) v. ) ) CITY OF SAN BERNARDINO, ) ) Cross-defendant and Appellant. ) ___________________________________ ) S144492 Ct.App. 4/2 E036942 San Bernardino County Super. Ct. No. SCV18157 THE COURT: MODIFICATION OF OPINION The opinion herein filed on April 24, 2008, and appearing at 43 Cal.4th 400, is modified as follows: After the last sentence of the first full paragraph on page 412, a footnote is added stating: Our conclusion here is consistent with the United States Supreme Court s comment in Malley v. Briggs (1986) 475 U.S. 335, 344, footnote 7, that section 1983 should be read against a background of tort liability that makes a man responsible for the consequences of his actions, and thus judicial action will not constitute a superseding causation when the party seeking the action provides materially misleading information in its support. This modification does not affect the judgment.
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