| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B216445
|
Cabrera v. E. Rojas Properties Inc.
Collateral source rule does not bar reduction of past medical expenses that reflect rate discount between medical insurer and provider. |
Torts |
|
Feb. 25, 2011 | |
|
08-1314
|
Williamson v. Mazda Motor of America Inc.
State tort suit regarding manufacturer’s choice of seatbelt is not preempted by federal law giving manufacturers choice of which seatbelt type to install. |
Torts |
|
Feb. 24, 2011 | |
|
09-152
|
Bruesewitz v. Wyeth LLC
National Childhood Vaccine Injury Act preempts all design-defect claims against vaccine manufacturers seeking compensation for injury caused by side effect. |
Torts |
|
Feb. 23, 2011 | |
|
09-15932
|
MDY Industries LLC v. Blizzard Entertainment Inc.
Court errs in granting summary judgment on tortious interference claim in relation to program that automatically plays online game, where triable issues existed. |
Torts |
|
Feb. 18, 2011 | |
|
E049899
|
Rosencrans v. Dover Images Ltd.
Court errs in granting summary judgment because absence of flagger on motocross track raised issue of whether it constituted extreme departure from standard of conduct. |
Torts |
|
Feb. 17, 2011 | |
|
B226376
|
Johnson & Johnson v. Superior Court (Trejo)
Manufacturer’s willful conduct in drug labeling raises triable issue of fact where manufacturer had knowledge of drug's side effects but failed to modify label. |
Torts |
|
Feb. 10, 2011 | |
|
A128065
|
Jackson v. Doe
Court properly dismisses plaintiff’s sexual abuse claim for failing to file within limitations period and inexcusable neglect in filing required certificates. |
Torts |
|
Feb. 10, 2011 | |
|
G043486
|
Smith v. Freund
Parents of adult son who suffered from social disorder do not owe duty of care to family of murdered victims when harm was unforeseeable. |
Torts |
|
Feb. 3, 2011 | |
|
A128398
|
Bologna v. City and County of San Francisco
Surviving family members cannot proceed against city under theory that policy of providing sanctuary to illegal immigrants caused decedents' murders. |
Torts |
|
Feb. 1, 2011 | |
|
09-16180
|
Green v. United States
Forest Service is not immune from suit for its failure to notify private property owners of backfire, which damaged private properties. |
Torts |
|
Jan. 26, 2011 | |
|
09-15001
|
Gaeta v. Perrigo Pharmaceuticals Co.
Federal law does not preempt state law failure-to-warn claims against generic drug manufacturer where there is no evidence that FDA would reject additional warning. |
Torts |
|
Jan. 25, 2011 | |
|
B215948
|
Roe 58 v. Doe 1
Claim against church entities for childhood sexual abuse by priest is time barred because delayed discovery limitations period does not apply to defendant entities. |
Torts |
|
Jan. 21, 2011 | |
|
B218173
|
Pannu v. Land Rover North America Inc.
Evidence of slight alterations to vehicle at little cost and manufacturer agreeing that changes were feasible weigh in favor of proving strict liability. |
Torts |
|
Jan. 20, 2011 | |
|
E049392
|
Eriksson v. Nunnink
Grant of summary judgment is erroneous when triable issues existed as to whether trainer increased inherent risk in horse jumping by assigning lame horse. |
Torts |
|
Jan. 10, 2011 | |
|
09-55954
|
Hooper v. County of San Diego
Excessive force claim based on resisting arrest conviction is not barred where officer uses unreasonable force in addition to reasonable force in detaining plaintiff. |
Torts |
|
Jan. 4, 2011 | |
|
A125209
|
Lawson v. Safeway Inc.
Driver of large commercial truck has duty to park truck where it does not create unreasonable risk of harm to passing motorists. |
Torts |
|
Jan. 3, 2011 | |
|
B218145
|
Lujano v. County of Santa Barbara
Plaintiff's excessive force claim is barred because her acceptance of informal probation did not constitute favorable termination allowing for civil tort liability. |
Torts |
|
Jan. 2, 2011 | |
|
08-35862
|
Tamas v. Dept. of Social Health and Services
Court must apply standard for defeating qualified immunity requiring awareness of facts from which inference of substantial risk of harm to victims can be drawn. |
Torts |
|
Dec. 22, 2010 | |
|
B222784
|
Ennabe v. Manosa
Charging admission fees later used to purchase communal alcohol does not constitute 'selling' of alcoholic beverages that would subject social host to civil liability. |
Torts |
|
Dec. 20, 2010 | |
|
H033718
|
Jacobs Farm/Del Cabo Inc. v. Western Farm Service Inc.
Statutory scheme governing pesticide use in California does not displace common law tort claims, even if claims related to place of pesticide application. |
Torts |
|
Dec. 20, 2010 | |
|
H033951
|
Robinson v. Endovascular Technologies Inc.
State product liability claims that medical device is unsafe is preempted by federal law where FDA granted investigational device exemption approval. |
Torts |
|
Dec. 20, 2010 | |
|
09-15932
|
MDY Industries LLC v. Blizzard Entertainment Inc.
Court errs in granting summary judgment on tortious interference claim in relation to program that automatically plays online game, where triable issues existed. |
Torts |
|
Dec. 14, 2010 | |
|
09-35823
|
Krottner v. Starbucks Corp.
Employees’ concern over increased risk of future identity theft stemming from stolen laptop is cognizable injury sufficient to confer standing on plaintiffs. |
Torts |
|
Dec. 14, 2010 | |
|
G042984
|
Overhill Farms Inc. v. Lopez
Accusation that employer engaged in mass termination based on racist and ageist motivations constitutes provable fact, which is sufficient to overcome anti-SLAPP motion. |
Torts |
|
Dec. 14, 2010 | |
|
07-35696
|
Affiliated FM Insurance Co. v. LTK Consulting Services Inc.
Party with contractual right to operate on another's property may bring suit in tort against third party for damage to that property. |
Torts |
|
Dec. 7, 2010 | |
|
B218145
|
Lujano v. County of Santa Barbara
Plaintiff's excessive force claim is barred because her acceptance of informal probation did not constitute favorable termination allowing for civil tort liability. |
Torts |
|
Dec. 5, 2010 | |
|
B222784
|
Ennabe v. Manosa
Charging admission fees later used to purchase communal alcohol does not constitute 'selling' of alcoholic beverages that would subject social host to civil liability. |
Torts |
|
Dec. 1, 2010 | |
|
10-15813
|
Rodriguez v. Lockheed Martin Corp.
Court’s denial of summary judgment on government-contractor defense is not based on denial of immunity, and therefore, not appealable until case’s conclusion. |
Torts |
|
Nov. 30, 2010 | |
|
C061307
|
Boblitt v. Boblitt
Judgment in dissolution proceeding where domestic violence claim was litigated in relation to spousal support does not preclude later tort action for domestic violence. |
Torts |
|
Nov. 30, 2010 | |
|
B216193
|
Stewart v. Union Carbide Corp.
Court properly refuses to instruct jury on 'sophisticated purchaser defense' where proposed instruction was not based on theory that plaintiff had knowledge. |
Torts |
|
Nov. 16, 2010 |
