context: The government fails to respond to this argument. The Court's own research found that California courts recognize a duty may arise from a promise, if the defendant has reason to believe the plaintiff will rely on the promise to his detriment.
citation_a.signal: see also
citation_a.parenthetical: "It is well established that a person may become liable in tort for negligently failing to perform a voluntarily assumed undertaking even in the absence of a contract to do so."
citation_a.sentence: See Aim Insurance Co. v. Culcasi, 229 Cal.App.3d 209, 215, 280 Cal.Rptr. 766 (1991); Bloomberg v. Interinsurance Exchange, 162 Cal.App.3d 571, 575-576 (1984) (Auto club’s undertaking to send a tow truck, upon which victim relied, resulted in a duty to act with care.); See also Valdez v. Taylor Auto. Co., 129 Cal.App.2d 810, 278 P.2d 91 (1954) (“It is well established that a person may become liable in tort for negligently failing to perform a voluntarily assumed undertaking even in the absence of a contract to do so.”). It was reasonable for Western to believe Quechan would rely on its repeated promises to avoid eligible sites and cause no additional impacts.
citation_b.signal: see
citation_b.identifier: 162 Cal.App.3d 571, 575-576
citation_b.parenthetical: Auto club's undertaking to send a tow truck, upon which victim relied, resulted in a duty to act with care.
citation_b.sentence: See Aim Insurance Co. v. Culcasi, 229 Cal.App.3d 209, 215, 280 Cal.Rptr. 766 (1991); Bloomberg v. Interinsurance Exchange, 162 Cal.App.3d 571, 575-576 (1984) (Auto club’s undertaking to send a tow truck, upon which victim relied, resulted in a duty to act with care.); See also Valdez v. Taylor Auto. Co., 129 Cal.App.2d 810, 278 P.2d 91 (1954) (“It is well established that a person may become liable in tort for negligently failing to perform a voluntarily assumed undertaking even in the absence of a contract to do so.”). It was reasonable for Western to believe Quechan would rely on its repeated promises to avoid eligible sites and cause no additional impacts.