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Case Name/Citation Jurisdiction Disposition Facts

Issue/Answer Holding Reasoning

Mobaldi v. Board of Regents of University of California 55 Cal. App.3d 573 Court of Appeal, Second District, Division 1, California February 23, 1976 Judgment is reversed in favor of plaintiff. Cause of action: Bystander NIED y Child was severely ill. While being treated at hospital, he died in the arms of due to improper treatment. y was foster mom of deceased for approx. 2.5 years. y The presented herself to the public as childs mother. y The records at the hospital referred to as mother of the child (3). y attempted to adopt child, but couldnt due to county policy (3). y had child baptized at their church (3) and christened him with their name (3) Did the have a close relationship with the deceased child? A: Yes Uses the Dillon v. Legg case to determine what factors are relevant to close relationship. The three factors are: 1. Whether plaintiff located near the scene 2. Whether the shock resulted from direct emotional impact on plaintiff from sensory and contemporaneous observance of accident 3. Whether plaintiff and victim were closely related (4-5) y The emotional attachments of the family relationship and not legal status are those which are relevant. (5) y Dillon guidelines does not limit the close relationship requirement to one of blood, marriage, or adoption (6) y Court will consider on a case by case basis ?? y

Compare to our Case In the memo, if court doesnt rely on a fact, then mention it in memo if you want to talk about it (i.e. 2.5 years.) Memo says dont get tangled up in the foreseeability.