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Name Category Published
Van Audenhove v. Perry
On question of first impression, arrest without any formal charges will not support claim for malicious prosecution. 		Torts Jun. 14, 2017
Brenner v. Universal Health Services of Rancho Springs Inc.
Summary adjudication of statutory retaliation claim in favor of doctor and hospital upheld where wife lacked standing to assert action regarding late husband's care. 		Torts Jun. 8, 2017
Gillotti v. Stewart
In construction defect lawsuit brought under Right to Repair Act, homeowner fails to overturn favorable judgment against grading subcontractor for tree damage. 		Torts May 22, 2017
Van Audenhove v. Perry
On question of first impression, arrest without any formal charges will not support claim for malicious prosecution. 		Torts May 22, 2017
Applied Medical Corp. v. Thomas
In dispute over company's repurchase of former board of director's stock, summary judgment against company partially reversed, where court errs in determining conversion claim fails. 		Torts May 12, 2017
Cuevas v. Contra Costa County
In medical malpractice action, refusal to allow evidence of plaintiff's future health benefits results in new trial on amount of his future medical damages. 		Torts May 1, 2017
Tepper v. Wilkins
Demurrer properly sustained without leave to amend, where plaintiff lacks standing to bring elder abuse action against her siblings on behalf of their mother. 		Torts Apr. 21, 2017
Sumrall v. Modern Alloys, Inc.
Where employer requires employees to first arrive at stockyard to fetch materials before beginning paid workday at jobsite, commute to stockyard may be deemed 'special errand' exception to 'going and coming' rule. 		Torts Apr. 20, 2017
Applied Medical Corp. v. Thomas
In dispute over company's repurchase of former board of director's stock, summary judgment against company partially reversed, where court errs in determining conversion claim fails. 		Torts Apr. 14, 2017
Sumrall v. Modern Alloys, Inc.
Where employer requires employees to first arrive at stockyard to fetch materials before beginning paid workday at jobsite, commute to stockyard may be deemed 'special errand' exception to 'going and coming' rule. 		Torts Apr. 14, 2017
S.H. v. United States
'Foreign country' exception to Federal Tort Claims Act bars action filed by family for injuries suffered by their child resulting from premature birth in Spain. 		Torts Apr. 11, 2017
Oltmans Construction Co. v. Bayside Interiors Inc.
Despite its active negligence, general contractor may be entitled to indemnification from subcontractor for portion of liability attributable to sub-subcontractor. 		Torts Apr. 3, 2017
Doe v. United States Youth Soccer Association Inc.
Youth's negligence claim against soccer associations stemming from sexual abuse by her former soccer coach improperly dismissed where special relationship existed to establish 'duty.' 		Torts Mar. 17, 2017
Jarman v. HCR ManorCare
Jury's finding of malice, oppression and fraud erroneously stricken, rendering nursing facility liable for punitive damages in connection with 382 statutory violations of patient's rights. 		Torts Mar. 16, 2017
Johnson v. ArvinMeritor
In action alleging asbestos exposure, summary judgment properly granted due to plaintiff's failure to produce evidence supporting inference of probability of asbestos exposure from defendants' products. 		Torts Mar. 3, 2017
Lemke v. Sutter Roseville Medical Center
Summary judgment affirmed, where employer's statements made about employee to nursing board absolutely privileged, thus barring defamation claim. 		Torts Mar. 1, 2017
Doe v. United States Youth Soccer Association Inc.
Youth's negligence claim against soccer associations stemming from sexual abuse by her former soccer coach improperly dismissed where special relationship existed to establish 'duty.' 		Torts Feb. 24, 2017
Lynn v. Tatitlek Support Services Inc.
Contractor not liable under 'coming and going' rule for fatal accident caused by employee on commute home where employee had option to take bus service. 		Torts Feb. 24, 2017
Secci v. United Independent Taxi Drivers Inc.
Controls imposed by public regulations may be considered in finding agency relationship between taxi company and its drivers, supporting jury verdict on agency theory. 		Torts Feb. 17, 2017
Roy Allan Slurry Seal Inc. v. American Asphalt South Inc.
Disappointed bidder cannot maintain wrongful interference with public contract claim because bid submission does not create contractual relationship between it and public entities. 		Torts Feb. 17, 2017
Samara v. Matar
In malpractice case, summary judgment in favor of one dentist does not bar plaintiff from continuing action against other dentist, where both claim and issue preclusion inapplicable. 		Torts Feb. 16, 2017
Hensley v. San Diego Gas & Electric Co.
Homeowners improperly precluded from presenting any evidence of emotional distress based on court's erroneous theory that those are somehow distinct from annoyance and discomfort damages. 		Torts Feb. 2, 2017
Fulle v. Kanani
Statutory damage multiplier for trespass to timber apply to intangible noneconomic damages, including tree owner's annoyance and discomfort damages. 		Torts Feb. 1, 2017
Chen v. L.A. Truck Centers LLC
In strict products liability action, erroneous application of Indiana, rather than California law results in reversal and new trial. 		Torts Jan. 19, 2017
Alereza v. Chicago Title Co.
Motion for nonsuit properly granted in favor of escrow company where it owed no legal duty to plaintiff, who was not party to escrow or third party beneficiary. 		Torts Dec. 12, 2016
Kesner v. Superior Court (Pneumo Abex LLC)
Employers and premises owners owe duty of care to prevent secondary exposure to asbestos, although duty extends only to members of worker's household. 		Torts Dec. 1, 2016
Khosh v. Staples Construction Co. Inc.
General contractor not liable for injuries suffered by independent contractor's employee on either retained control or nondelegable duty theories. 		Torts Nov. 20, 2016
Anderson v. Fitness International
Health club's slick shower surface, slanted near drains, does not amount to gross negligence; membership waiver is defense to ordinary negligence claims. 		Torts Oct. 27, 2016
Khosh v. Staples Construction Co. Inc.
General contractor not liable for injuries suffered by independent contractor's employee on either retained control or nondelegable duty theories. 		Torts Oct. 26, 2016
Pierson v. Helmerich & Payne International Drilling Co.
Employer not liable for traffic collision caused by employee while driving co-workers to employer-paid hotel under the 'going and coming rule.' 		Torts Oct. 25, 2016
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