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Name Category Published
Tunac v. U.S.
Accrual of medical malpractice claim under Federal Tort Claims Act occurs where plaintiff knew or reasonably should have known the cause of the injury. 		Torts 9th Jul. 31, 2018
Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC
A trial court properly granted a defendant's summary judgment motion where the injured plaintiff signed a liability waiver as part of a season pass agreement to a mountain ski area. 		Torts 3DCA Jul. 19, 2018
Lopez v. Sony Electronics, Inc.
Trial court erred when it granted summary judgment where a minor claim fell under the toxic exposure statute, which tolls during minority, instead of the six-year statute of limitations provided by the prenatal injury statute. 		Torts 2DCA/8 Jul. 6, 2018
Michele Coyle v. Historic Mission Inn Corporation
A trial court erred when it ruled that a restaurant had no duty to use reasonable care because, under 'Kesner', premises liability duty "is adherence to the same standard of care that applies in negligence cases." 		Torts 4DCA/2 Jun. 20, 2018
Doe v. Good Samaritan Hospital
Summary judgment improper where expert's opinion that hospital met its standard of professional care was conclusory and devoid of any facts supporting opinion. 		Torts 5DCA May 23, 2018
Daniel v. U.S.
‘Feres’ doctrine bars tort claim arising from medical military hospital’s treatment of active servicewoman’s pregnancy condition, which was unrelated to military service. 		Torts 9th May 8, 2018
Novak v. Continental Tire North America
Summary judgment affirmed where injury suffered is distantly and indirectly connected to negligent act and where harm is unforeseeable. 		Torts 1DCA/3 Apr. 16, 2018
Arvizu v. City of Pasadena
City is immune from liability arising from injuries caused by its unpaved park trail where the trail is used for recreational purposes. 		Torts 2DCA/3 Mar. 27, 2018
Wilson v. Southern California Edison Co.
Potential of harm due to stray voltage may support plaintiff's nuisance claim, where plaintiff is neighbor of electrical substation. 		Torts 2DCA/4 Mar. 27, 2018
Regents of the University of California v. Superior Court (Los Angeles)
Based on special relationship doctrine, colleges owe students duty of care to protect them from 'foreseeable violence during curricular activities.' 		Torts 2DCA/7 Mar. 23, 2018
Modification: Redfearn v. Trader Joe's Company
Intentional interference of contractual relations tort may be successfully brought even against nonparty whose performance is contemplated in sued-over contract. 		Torts 2DCA/7 Mar. 20, 2018
Klean W. Hollywood, LLC v. Superior Court
Treatment facility which undertook reasonable measures to prevent drug use not liable for injuries to voluntary resident who surreptitiously obtained and consumed heroin 		Torts 2DCA/4 Mar. 9, 2018
Leyva v. Garcia
Where defendant shows causation is uncertain and plaintiff offers no further evidence, summary judgment in negligence proper as causation element 'remained an unknown matter.' 		Torts 5DCA Mar. 5, 2018
Sakai v. Massco Investments, LLC
Intervening conduct by a third party that is not a likely hazard which causes injury is unforeseeable under 'Rowland' 		Torts 2DCA/1 Mar. 5, 2018
Redfearn v. Trader Joe's Company
Intentional interference of contractual relations tort may be successfully brought even against nonparty whose performance is contemplated in sued-over contract. 		Torts 2DCA/7 Mar. 1, 2018
Delgadillo v. Television Center, Inc.
Under 'Seabright,' hirer delegates to independent contractor responsibility to comply with statutory or regulatory safety requirements applicable to contractor's work. 		Torts 2DCA/3 Mar. 1, 2018
Lane v. Bell
A partial victory in an underlying action by a plaintiff alleging malicious prosecution does not satisfy the favorable termination element where the defendant also obtained a partial victory. 		Torts 4DCA/1 Feb. 2, 2018
O'Malley v. Hospitality Staffing Solutions
Where hotel staff does welfare check on guest and fails to notice her suffering aneurism in dark room, summary judgment improper on negligent undertaking theory of liability. 		Torts 4DCA/3 Feb. 1, 2018
SMS Financial v. Cornerstone Tile Co.
Under Section 2941 the holder of an obligation secured by a deed of trust may prove damages against a title company that recorded a release of that obligation. 		Torts 1DCA/2 Jan. 30, 2018
Lampe v. Queen of the Valley Medical Center
The community of interest requirement for class action certification is not established if common questions of law or fact do not predominate. 		Torts 1DCA/4 Jan. 25, 2018
McMillin Albany LLC v. Superior Court
Claims arising from residential construction which seek recovery for defect damages as contemplated by the Right to Repair Act are subject to the prelitigation procedures entailed in Act. 		Torts 5DCA Jan. 19, 2018
Martinez v. Deptartment of Health Care Services
Noneconomic damages may not exceed the maximum under MICRA where medical and noneconomic costs in a medical malpractice tort settlement are not allocated. 		Torts 2DCA/6 Jan. 16, 2018
Corvus Energy Ltd. v. 1169997 Ontario Ltd.
An indemnity suit against a settling co-defendant is not permissible where the allocation of property damages is governed by the proportionate share approach. 		Torts 9th Dec. 28, 2017
Turley v. Familian Corp.
Circumstantial evidence may sufficiently establish the required 'exposure' element of an asbestos-related injury cause of action. 		Torts 1DCA/2 Dec. 27, 2017
T.H. v. Novartis Pharmaceuticals Corporation
Notwithstanding drugmaker no longer made or sold brand-name drug when it allegedly harmed plaintiff who took drug's generic version, foreseeability and other 'Rowland' factors provide basis for possible failure to warn claim against original drugmaker. 		Torts 4DCA/1 Dec. 22, 2017
Rossetta v. CitiMortgage, Inc., et al.
A mortgage lender's policy making default a condition for loan modification consideration informs the duty of care analysis under 'Biakanja' 		Torts 3DCA Dec. 20, 2017
So. CA Gas Leak Cases
A special relationship does not exist absent privity between the parties sufficient to establish a duty of care under 'Biakanja.' 		Torts 2DCA/5 Dec. 19, 2017
QDOS Inc. v. Signature Financial LLC
A customer's payment with a third-party check, by itself, does not create a merchant's duty of care to investigate under the policy considerations enumerated in 'Biakanja' and 'Rowland.' 		Torts 2DCA/2 Dec. 1, 2017
Cornell v. City and County of San Francisco
San Francisco fails to overturn verdict favoring police officer trainee who lost his job after police officers unlawfully arrested him during run at Golden Gate Park. 		Torts 1DCA/4 Nov. 20, 2017
Modification: Cornell v. City and County of San Francisco
San Francisco fails to overturn verdict favoring police officer trainee who lost his job after police officers unlawfully arrested him during run at Golden Gate Park. 		Torts 1DCA/4 Nov. 20, 2017
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