Kallenberg v. Long

1 Citing case

  1. Cynthia M. v. Rodney E.

    228 Cal.App.3d 1040 (Cal. Ct. App. 1991)   Cited 13 times
    Noting that consent is viable defense to civil action based on intercourse with a minor

    ( Hagerty v. Powers (1885) 66 Cal. 368 [5 P. 622].) At common law, parental liability for a child's tort was imposed only when there was an agency relationship (see, e.g., Kallenberg v. Long (1924) 68 Cal.App. 317 [ 229 P. 57]) or when the parent was himself or herself guilty in some way in the commission of the crime (see, e.g., Ellis v. D'Angelo (1953) 116 Cal.App.2d 310 [ 253 P.2d 675]). California followed this rule of nonliability for parents absent some fault by the parent or the application of a theory of vicarious liability until the enactment of section 1714.1 in 1955. In its original form, section 1714.1 provided: