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Modification: Mancini & Associates v. Schwetz
Civil Code Section 47(b) litigation privilege did not bar plaintiff's claims because defendant engaged in a course of tortious conduct depriving plaintiff of attorney fees. 		Torts 2DCA/6 Oct. 1, 2019
Jones v. Awad
To attach premises liability to an owner, the owner must have either actual or constructive knowledge of the dangerous condition. 		Torts 5DCA Sep. 19, 2019
Crouch v. Trinity Christian Center of Santa Ana, Inc.
Flying into tirade at 13-year-old girl who had been drugged and raped and yelling at her that she was stupid and it was her fault was sufficiently extreme and outrageous to impose liability. 		Torts 4DCA/3 Sep. 16, 2019
Mancini & Associates APLC v. Schwetz
Civil Code Section 47(b) litigation privilege did not bar plaintiff's claims because defendant engaged in a course of tortious conduct depriving plaintiff of attorney fees. 		Torts 2DCA/6 Sep. 5, 2019
Stephens v. Union Pacific Railroad
Plaintiff failed to create a genuine issue of fact on whether any asbestos exposure that might have occurred was a substantial factor in causing his disease, so his negligence claim failed. 		Torts 9th Aug. 29, 2019
Churchman v. Bay Area Rapid Transit Dist.
Train operator did not owe passenger heighted duty of care under Civil Code Section 2100 because her injuries were caused by ordinary risks of busy train platform. 		Torts 1DCA/5 Aug. 29, 2019
Voris v. Lampert
Conversion claim is not an appropriate remedy for nonpayment of wages, and Legislature's remedial scheme should not be modified to include conversion as a remedy. 		Torts CASC Aug. 16, 2019
Pina v. County of Los Angeles
When a medical witness' testimony is permitted for the limited purpose of impeachment, any additional contradicting medical opinions presented will be considered prejudicial error. 		Torts 2DCA/4 Aug. 9, 2019
Potocki v. Wells Fargo Bank, N.A.
Plaintiffs stated a claim under Homeowner Bill of Rights Section 2923.6(f) because Wells Fargo's explanation for denying Home Affordable Modification Program modification was insufficient to sustain a demurrer. 		Torts 3DCA Aug. 9, 2019
Sheen v. Wells Fargo Bank, N.A.
Lenders owe no common law duty to offer, consider, or approve loan modifications, so plaintiff's negligence claim was properly dismissed. 		Torts 2DCA/8 Aug. 6, 2019
Modification: Baker-Smith v. Skolnick
An excuse jury instruction under theory of negligence per se is improper unless special circumstances exist; legal error warranted reversal of judgment. 		Torts 2DCA/8 Jul. 31, 2019
Huckey v. City of Temecula
Under the trivial defect doctrine, a defect in a sidewalk is trivial as a matter of law when the defect is slight and creates no risk of serious injury. 		Torts 4DCA/2 Jul. 29, 2019
Adhav v. Midway Rent A Car, Inc.
Defendants engaged in no illegal or fraudulent conduct in their dealings with plaintiffs who purchased optional insurance coverage for rental vehicles, so plaintiffs' Unfair Competition Law claims failed. 		Torts 2DCA/1 Jul. 26, 2019
Potter v. Alliance United Ins. Co.
Trial court improperly sustained defendant's demurrer because plaintiff stated a proper fraudulent conveyance claim under California's Uniform Voidable Transactions Act. 		Torts 2DCA/5 Jul. 25, 2019
Doe v. Dept. of Children & Family Services
Nonsuit was proper because plaintiff's evidence failed to establish private defendants had duty to protect plaintiff from third-parties' crimes, and county defendants' breaches of mandatory duties were not proximate cause of harm. 		Torts 2DCA/8 Jul. 19, 2019
Williams v. Fremont Corners, Inc.
Under California law, landowners are required to maintain land in their possession and control in a reasonably safe condition, but they have no duty to protect from third party conduct. 		Torts 6DCA Jul. 19, 2019
Baker-Smith v. Skolnick
An excuse jury instruction under theory of negligence per se is improper unless special circumstances exist; legal error warranted reversal of judgment. 		Torts 2DCA/8 Jul. 12, 2019
Johnson & Johnson Talcum Powder Cases
Substantial evidence supported jury's finding that defendant breached duty to warn of risks of ovarian cancer from genital talc use; thus, judgment notwithstanding the verdict partially reversed. 		Torts 2DCA/3 Jul. 12, 2019
Hernandez v. First Student, Inc.
Evidence of a parent's drug use, and how it relates to her relationship with her child, was relevant in determining the damages awarded in wrongful death cause of action. 		Torts 2DCA/8 Jul. 12, 2019
Hernandez v. Enterprise Rent-A-Car Co. of S.F.
No triable issue regarding defendant's liability as a successor in interest of rental car company, because rental car company's asset sale did not destroy plaintiff's remedies against it. 		Torts 1DCA/4 Jul. 10, 2019
Amended Opinion: Doe v. Nestle
Presumption against extraterritoriality applies to claims under the Alien Tort Statute, though alleged domestic contacts in form of 'kickbacks' outside typical business contract may suffice to rebut presumption. 		Torts 9th Jul. 8, 2019
Lewis v. Ukran
When requesting reduction of award of future damages to present value, defendant bears the burden of providing evidence of valid lowered amount. 		Torts 2DCA/4 Jun. 28, 2019
Pneuma International, Inc. v. Cho
Trial court did not err in declining to base California's Unfair Competition Law cause of action on common-law tort of trespass to chattel; thus, judgment was affirmed. 		Torts 1DCA/1 Jun. 26, 2019
DaVinci Aircraft v. U.S.
Property was not seized from plaintiff solely for forfeiture, so sovereign immunity was not rewaived; thus, dismissal of 'Bivens' claims against the United States for lack of subject matter jurisdiction was proper. 		Torts 9th Jun. 13, 2019
Veiseh v. Stapp
Failure to comply with provisions of the California Uniform Transfers to Minors Act does not render grantor's continued possession and control of real property unlawful for purposes of trespass to realty. 		Torts 5DCA Jun. 10, 2019
LAOSD Asbestos Cases
Trial court properly instructed in specific terms under CACI Nos. 1220, 1221, and 1222, relating to plaintiffs' negligence theory supported by the evidence, rather than general terms. 		Torts 2DCA/4 Jun. 7, 2019
Berger v. Varum
The Uniform Voidable Transactions Act supplements, not replaces, common law fraudulent transfer, and plaintiff adequately pled common law fraudulent transfer by alleging specific financial damages resulting from defendants' conduct. 		Torts 1DCA/1 Jun. 5, 2019
Southern Cal. Gas Leak Cases
Plaintiffs' negligence claims for lost earnings stemming from massive gas leak rejected; purely economic losses suffered from mere proximity to industrial accident create intractable line-drawing problems for courts. 		Torts CASC May 31, 2019
Taulbee v. EJ Distribution Corp.
Trial court properly declined to give proposed negligence per se instruction with respect to defendant's driving into gore point because that particular violation of Vehicle Code Section 21651 did not proximately cause collision. 		Torts 4DCA/3 May 22, 2019
Harry v. Ring the Alarm, LLC
Plaintiff was not expressly hired to manage the hazardous condition that injured him; thus, the firefighter's rule does not apply where the risk of injury was not inherent to the plaintiff's occupation. 		Torts 2DCA/4 Apr. 29, 2019
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