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Modification: Murray v. UPS Capital Insurance Agency, Inc.
Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance. 		Torts 4DCA/3 Oct. 7, 2020
Lopez v. City of Los Angeles
Because commercial business leasing property did no more than put driveway and gutter to their ordinary uses, it did not control area where plaintiff fell. 		Torts 2DCA/2 Oct. 5, 2020
Bader v. Avon Products
'Bristol-Myers Squibb Co. v. Superior Court' does not require proof of a product defect at the jurisdictional phase. 		Torts 1DCA/4 Oct. 1, 2020
Williams v. County of Sonoma
If primary assumption of risk doctrine applied, County nonetheless owed plaintiff duty not to increase inherent risks of long-distance, recreational cycling. 		Torts 1DCA/5 Sep. 30, 2020
Murray v. UPS Capital Insurance Agency, Inc.
Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance. 		Torts 4DCA/3 Sep. 15, 2020
Nanouk v. U.S.
Federal Tort Claims Act's discretionary function exception did not apply to government's failure to identify and remediate hot spot of contaminated soil in timely manner after clean-up activities began. 		Torts 9th Sep. 8, 2020
Caliber Paving Co. v. Rexford Industrial Realty and Management
A defendant who is not a party to the contract is not immune from liability for intentional interference with contract by virtue of having an economic or social interest in the contract. 		Torts 4DCA/3 Sep. 3, 2020
Shih v. Starbucks Corp.
Trial court correctly granted defendant summary judgment because any alleged defect in defendant's product was not a legal cause of plaintiff's injuries. 		Torts 2DCA/7 Aug. 26, 2020
Frausto v. Dept. of the Cal. Highway Patrol
Law enforcement officers and arrestees have a special relationship where officers owe arrestees a duty of reasonable care. 		Torts 1DCA/2 Aug. 25, 2020
Bolger v. Amazon.com, LLC
Trial court erred in granting summary judgment in favor of retailer defendant because strict products liability doctrine applies to retailers. 		Torts 4DCA/1 Aug. 17, 2020
In re Bard IVC Filters Product Liability Litigation
Food and Drug Administration special control requirements do not constitute device-specific requirements that preempt state-law claims for failure-to-warn. 		Torts 9th Aug. 14, 2020
B.B. v. County of Los Angeles
A defendant who committed an intentional tort is not entitled to a reduced judgment merely because plaintiff's injuries also resulted from the negligence of others. 		Torts CASC Aug. 11, 2020
Dent v. National Football League
Plaintiffs sufficiently alleged voluntary undertaking theory of negligence to survive motion to dismiss. 		Torts 9th Aug. 10, 2020
Ixchel Pharma LLC v. Biogen Inc.
Tortious interference with at-will contracts requires independent wrongfulness. 		Torts CASC Aug. 4, 2020
Wolf v. Weber
Trial court incorrectly granted defendant's motion for summary judgment because assumption of risk doctrine did not apply where ordinance required off leash dogs to be under owner's control. 		Torts 1DCA/4 Jul. 21, 2020
Savaikie v. Kaiser Foundation Hospitals
Agreement between defendant and its volunteer that volunteer would drive his own car, did not establish required-vehicle exception to establish defendant's employer liability. 		Torts 2DCA/8 Jul. 20, 2020
Mize v. Mentor Worldwide LLC
Tort claims premised on conduct that both violates Medical Device Amendments and gives rise to recovery under state law even in absence of MDA are not preempted. 		Torts 2DCA/6 Jul. 7, 2020
Hanouchian v. Steele
Agreements to adhere to fraternal organization guidelines did not impose greater legal duty upon possessor of land than those imposed by current laws. 		Torts 2DCA/3 Jun. 26, 2020
Pankey v. Petco Animal Supplies, Inc.
Only diseased animals displaying symptoms of illness are products subject to a products liability design defect claim. 		Torts 4DCA/1 Jun. 25, 2020
Verrazono v. Gehl Company
'Ordinary consumers expectations' test is not applicable where expert testimony will be essential to assist jury in understanding pros and cons of plaintiff's arguments. 		Torts 1DCA/1 Jun. 18, 2020
Horne v. Ahern Rentals, Inc.
Hirer is only liable for injury to employee of contractor if hirer exercised control over safety conditions at worksite in way that 'affirmatively' contributed to employee's injuries. 		Torts 2DCA/8 Jun. 12, 2020
Risperdal and Invega Cases
State-law failure-to-warn claims concerning prescription drugs are preempted only where there is clear evidence that FDA would have rejected proposed label change. 		Torts 2DCA/3 Jun. 5, 2020
Wicks v. Antelope Valley Healthcare Dist.
Hospital was not liable for negligence of doctors because evidence showed decedent was notified that physicians were not hospital employees. 		Torts 2DCA/8 Jun. 3, 2020
Sharufa v. Festival Fun Parks, LLC
Record did not contain enough evidence to show whether waterslide theme park patrons received service or were supplied product to address product liability claim. 		Torts 6DCA May 29, 2020
Insalaco v. Hope Lutheran Church
Continuance of summary judgment hearing was virtually mandated because plaintiff provided declaration requesting specific discovery showing essential evidence may exist. 		Torts 1DCA/2 May 29, 2020
Nguyen v. Ford
Tolling provision no longer applied once plaintiff's former counsel filed notice to withdraw and plaintiff did not allege she was unaware. 		Torts 6DCA May 15, 2020
Kurtz-Ahlers, LLC v. Bank of America N.A.
Trial court properly granted nonsuit for negligence claim against bank because banks have no duty to monitor customer accounts for fraud. 		Torts 4DCA/3 May 11, 2020
Robertson v. Saadat
Plaintiff was not entitled to use her deceased husband's stored sperm for conception because decedent never expressed an intent to do so. 		Torts 2DCA/1 May 6, 2020
Marez v. Lyft, Inc.
Defendant's activities at the time of the accident were not within the scope of his employment because they were solely personal and employer did not derive any benefit. 		Torts 1DCA/1 May 4, 2020
Alaniz v. Sun Pacific Shippers
Trial court prejudicially erred when it omitted 'Privette/Hooker' elements from its instructions on negligence and premises liability. 		Torts 2DCA/6 Apr. 30, 2020
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