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Rattary v. Favro
New trial was warranted after jury was improperly instructed that defendant could not be held liable unless he had increased risk to the firefighters "beyond the risk that's inherent to their job."
Torts 1DCA/4 Dec. 1, 2023
Tran v. Nguyen
Plaintiff could pursue civil extortion claim against ex-wife who blackmailed him to keep her silent about the existence of their child because threats to person's character constituted "menace" under the Civil Code.
Torts 4DCA/3 Nov. 30, 2023
Jones v. Regents of the University of California
Workers' compensation was the exclusive remedy for university employee who was injured on campus while riding her bike home from work, based on the premises line rule.
Torts 4DCA/3 Nov. 29, 2023
Nicoletti v. Kest
Apartment complex owner did not owe a duty to injured woman since running rainwater on a concrete driveway was an obvious dangerous condition.
Torts 2DCA/8 Nov. 15, 2023
Jones v. Ford Motor Company
An invasion of privacy, without more, is insufficient to meet the statutory injury requirements of the Washington Privacy Act.
Torts 9th Oct. 30, 2023
The Irvine Co. v. Superior Court (Demirelli)
Defendant parking structure's retention of security services did not create a duty to plaintiff who fell off the structure while intoxicated.
Torts 4DCA/3 Oct. 26, 2023
Acosta v. MAS Realty, LLC
Commercial building's owner and management company were not liable for injuries to independent electrician because the contractor failed to find the dangerous conditions a reasonable inspection would have revealed.
Torts 2DCA/3 Oct. 23, 2023
Glynn v. Orange Circle Lounge Inc.
Bar's duty to patrons did not extend to a patron who was involved in a bar fight, but died fighting the same assailants in a fight an hour later, a block away.
Torts 4DCA/3 Oct. 3, 2023
The Law Firm of Fox and Fox v. Chase Bank
Bank owed a duty to law firm that was to be paid from blocked account that required court order for withdrawals.
Torts 2DCA/7 Sep. 6, 2023
A.S. v. Palmdale School District
Complaint form presented to school district that did not mention monetary damages or attempt to estimate value of claim did not comply with the requirements of the Government Claims Act.
Torts 2DCA/8 Aug. 29, 2023
Safechuck v. MJJ Productions, Inc.
Michael Jackson's wholly owned corporation had a legal duty to protect the two children it employed from molestation at the hands of Jackson.
Torts 2DCA/8 Aug. 22, 2023
Global Master Int'l Group, Inc. v. Esmond Natural Inc.
Chinese company had racketeering domestic injury standing because the injury arose in the U.S., even though U.S. company's supplements were sold in China.
Torts 9th Aug. 14, 2023
Hendrix v. J-M Manufacturing Co., Inc.
To receive damages, False Claims Act plaintiffs must present evidence to establish the difference in value between the goods as actually provided and as promised.
Torts 9th Aug. 9, 2023
Doe v. CFR Enterprises, Inc.
Assembly Bill 2777's extended statute of limitations applies to *any* civil action for recovery of damages suffered as a result of sexual assault.
Torts 1DCA/2 Jul. 31, 2023
Kuciemba v. Victory Woodworks Inc.
Wife's negligence claim was dismissed since California Supreme Court's found an employer does not owe a duty of care to prevent the spread of COVID-19 to an employees' household members.
Torts 9th Jul. 26, 2023
Rojas v. HSBC Card Services Inc.
Cardholder received notice that her confidential calls to her daughter at the HSBC call center were being recorded since her cardmember agreement and monthly payment calls disclosed HSBC recorded calls.
Torts 4DCA/1 Jul. 24, 2023
Camacho et al. v. JLG Industries Inc.
Directed verdict for defendant was erroneous because plaintiff made a prima facie showing that an alleged design defect was a substantial factor in his injury.
Torts 4DCA/3 Jul. 20, 2023
Kuciemba v. Victory Woodworks, Inc.
Construction company did not owe a duty of care to worker's wife who was infected with COVID-19 because recognizing such a duty would create an intolerable burden on society.
Torts CASC Jul. 7, 2023
Nigel B. v. Burbank Unified School District
Although student-plaintiff had been injured during PE touch football game, the primary assumption of the risk doctrine did not apply because his participation was mandatory.
Torts 2DCA/5 Jul. 6, 2023
Blaylock v. DMP 250 Newport Center
Property owners were not liable for HVAC contractor's employee falling through a crawl space access panel because there was no evidence they knew the access panel constituted a concealed hazard.
Torts 4DCA/3 Jun. 27, 2023
Yegiazaryan v. Smagin
Plaintiff pursuing private action under RICO statute sufficiently alleged a domestic injury where the alleged circumstances surrounding the injury indicated it arose in the United States.
Torts USSC Jun. 23, 2023
Beebe v. Wonderful Pistachios
Electricians' evidence of substantial bird feces at job site was sufficient to show a reasonable medical probability that facility owners' conduct was a substantial factor in causing his fungal infection.
Torts 5DCA Jun. 8, 2023
Twitter, Inc. v. Taamneh
Plaintiffs' allegations that social-media companies aided and abetted ISIS terrorist attack failed to state a claim under the Antiterrorism Act.
Torts USSC May 19, 2023
Gonzalez v. Google LLC
Plaintiffs failed to plausibly state a claim against Google and YouTube for conspiracy liability for ISIS terrorist operations based on ISIS' use of the platform.
Torts USSC May 19, 2023
Romero v. Los Angeles Rams
Summary judgment was proper because plaintiffs could not show that defendants' enhanced security measures would more likely than not have prevented injuries resulting from a brawl among sports fans.
Torts 2DCA/8 May 17, 2023
Modification: Berry v. Frazier
Demurrer inappropriate where complaint incorrectly designated statutory remedy as cause of action but alleged facts sufficient to support causes of action that could serve as a basis for such recovery.
Torts 1DCA/3 May 16, 2023
Razoumovitch v. 726 Hudson Ave.
Apartment owners failed to show that tenant's attempt to enter locked apartment by climbing onto his apartment balcony was so unforeseeable that it negated their general duty of safety maintenance.
Torts 2DCA/7 May 15, 2023
Moses v. Roger-McKeever
Condo owner had no duty to protect invitee from hazard in the building's common walkway, over which owner had no control.
Torts 1DCA/1 May 9, 2023
Hernandez v. City of Stockton
Plaintiff failed to comply with government claim requirements when he identified an uplifted sidewalk as the dangerous condition in his claim, but an empty tree well as the dangerous condition in the civil action.
Torts 3DCA May 2, 2023
Wellsfry v. Ocean Colony Partners
Summary judgment was appropriate where golfer was injured by stepping on tree root because he assumed the risks inherent in interacting with the natural terrain of an outdoor golf course.
Torts 1DCA/3 May 1, 2023