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Bidari v. Kelk
Plaintiffs' malicious prosecution claim failed because complaint based the claim on acts--including arrest, warrant proceedings, and bail--that did not involve judicial proceedings nor would terminate in their favor.
Torts 2DCA/1 May 1, 2023
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 1, 2023
Downey v. City of Riverside
Plaintiff could plead a viable cause of action for negligent infliction of emotional distress based on hearing a car accident over the phone where she had knowledge of the dangerous condition that caused the accident.
Torts 4DCA/1 Apr. 27, 2023
Hacala v. Bird Rides, Inc.
Bird scooters owed a general duty of care to mother who tripped on the wheel of its scooter because an entity must use ordinary care in the management of its property.
Torts 2DCA/3 Apr. 11, 2023
Modification: Carrillo v. County of Santa Clara
Allegations in plaintiff's medical negligence complaint did not support a delayed discovery exception to the one-year statute of limitations.
Torts 2DCA/4 Mar. 16, 2023
Carrillo v. County of Santa Clara
Allegations in plaintiff's medical negligence complaint did not support a delayed discovery exception to the one-year statute of limitations.
Torts 2DCA/4 Mar. 15, 2023
Marin v. Department of Transportation
No triable issue of fact existed regarding Department of Transportation's liability for death of contractor's employee where it properly delegated responsibility for workplace safety matters to contractor.
Torts 1DCA/5 Feb. 27, 2023
Degala v. John Stewart Company
Subcontractor employee's claims against the general contractor and site owner were not barred by the Privette doctrine where employee was attacked by a third party and the defendants were involved in site security matters.
Torts 1DCA/2 Feb. 9, 2023
McGovern v. BHC Fremont Hospital, Inc.
Medical negligence claims of plaintiff who sustained injuries at a hospital were not time-barred because her initial letter to preserve evidence did not constitute notice of intent to commence action.
Torts 1DCA/1 Jan. 6, 2023
Pereda v. Atos Jiu Jitsu LLC
Jiu jitsu studio was not liable as ostensible agent for sparrer's injury when facts showed it did not exercise control over the independent jiu-jitsu studio it was affiliated with where the injury occurred.
Torts 2DCA/2 Nov. 28, 2022
Brown v. Beach House Design & Development
General contractor who hired subcontractor to work on beach house could be liable for injuries to subcontractor's carpenter since they retained control over the scaffolding and actually exercised that control.
Torts 2DCA/3 Nov. 23, 2022
Valdez v. Costco Wholesale Corp.
Costco gas station attendant who stopped fight between customers was immune from liability under the Good Samaritan statute.
Torts 2DCA/2 Nov. 21, 2022
Thompson v. County of Los Angeles
Denial of leave to amend was appropriate where amending complaint would be fruitless because plaintiff could not identify any mandatory duty that defendant public entity failed to discharge.
Torts 2DCA/8 Nov. 17, 2022
Fajardo v. Dailey
Summary judgment was inappropriate where there was no clear evidence regarding whether a sidewalk defect was trivial as a matter of law other than the size of a height differential.
Torts 2DCA/7 Nov. 14, 2022
Ramirez v. PK I Plaza 580 SC LP
*Privette* doctrine did not protect shopping center owner from liability for independent contractor's injuries because owner did not hire the contractor nor delegate its duty to provide a safe workplace.
Torts 1DCA/1 Nov. 11, 2022
Amiodarone Cases
Patients' claims were preempted by the federal Food, Drug, and Cosmetic Act because patients could not state an independent state-law claim for drug companies' alleged failure to warn of a drug's side effects.
Torts 1DCA/2 Nov. 7, 2022
Dhital v. Nissan North America, Inc.
Plaintiffs' fraudulent inducement claim regarding their new Nissan was not barred by the economic loss rule because their allegations of presale fraudulent inducement were independent of the subsequent contract.
Torts 1DCA/4 Oct. 28, 2022
Defries v. Yamaha Motor Corporation, U.S.A.
Failure to instruct jury on nondelegable duty was prejudicial when plaintiff's theory of the case was based on imputed negligence resulting from manufacturer's nondelegable duty to provide a safe product.
Torts 4DCA/2 Oct. 27, 2022
Modification: McCullar v. SMC Contracting, Inc.
Subcontractor retained responsibility for its employee's workplace injury even though the general contractor created the hazard.
Torts 3DCA Oct. 14, 2022
Enterprise Rent-A-Car of L.A. v. Superior Court (Grigoryan)
Rental car agency was not negligent in relying on renter's foreign driver's license and local California address to rent car involved in accident.
Torts 2DCA/4 Oct. 10, 2022
Kruthanooch v. Glendale Adventist Medical Center
In an Elder Abuse Act case, substantial evidence did not support that medical center had a robust caretaking or custodial relationship with elderly patient.
Torts 2DCA/3 Oct. 7, 2022
Karton v. Musick, Peeler, Garrett LLP
Denying motion for setoff predicated upon the tort-of-another doctrine was proper where the movant provided no evidence it incurred the costs in an action against any third party.
Torts 2DCA/1 Oct. 5, 2022
T.L. v. City Ambulance of Eureka, Inc.
Ambulance company owed a general duty of care to plaintiff who sustained injuries by unbuckling herself and stepping out of a moving ambulance while being transported.
Torts 1DCA/1 Sep. 30, 2022
Miller v. Roseville Lodge No. 1293
Summary judgment was appropriate where independent contractor's injured employee seeking to hold hirer liable failed to demonstrate hirer exercised retained control or failed to disclose a concealed hazardous condition.
Torts 3DCA Sep. 29, 2022
McCullar v. SMC Contracting, Inc.
Subcontractor retained responsibility for its employee's workplace injury even though the general contractor created the hazard.
Torts 3DCA Sep. 15, 2022
Modification: Maleti v. Wickers
Favorable termination element of malicious prosecution claim was satisfied where multiple claims were asserted in prior action against plaintiff, none were successful, and at least one was decided on the merits.
Torts 6DCA Sep. 13, 2022
Golick v. State of California
Where officer shoots at suspect resulting in no injuries but then stops, and the suspect later kills his hostages, there is no actionable deadly force tort claim.
Torts 1DCA/3 Sep. 12, 2022
C.I. v. San Bernardino City Unified School Dist.
School district was not negligent in its duty to protect students from foreseeable injury because criminal attack on school grounds by teacher's estranged spouse was not foreseeable.
Torts 4DCA/2 Sep. 7, 2022
Perez v. Hibachi Buffet
Granting judgment notwithstanding the verdict was improper where a clear logical inference regarding spill's origin based on evidence offered at trial supported the verdict.
Torts 2DCA/8 Aug. 31, 2022
Hoffmann v. Young
Plaintiff who was invited motorcycle riding on the family property by defendants' live-in son could not impose premises liability on the parents since children are not automatically authorized to invite others onto the property.
Torts CASC Aug. 30, 2022