| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E049099
|
Garcia v. W&W Community Development Inc.
State foster agency is entitled to summary judgment on negligence claim despite lack of immunity for employee’s act that caused child's death. |
Torts |
|
Jul. 19, 2010 | |
|
B221002
|
Das v. Bank of America N.A.
Daughter’s claim that bank failed to report financial abuse of elderly father fails where bank did not transfer funds into false accounts for improper use. |
Torts |
|
Jul. 14, 2010 | |
|
A123893
|
Yanez v. SOMA Environmental Engineering Inc.
Trial court violates collateral source rule by reducing personal injury victim’s medical damages to amount paid by her medical insurers. |
Torts |
|
Jul. 14, 2010 | |
|
07-56008
|
Love v. Sanctuary Records Group Ltd.
Court properly dismisses Beach Boys' right of publicity claim because state has no interest in alleged overseas misappropriation among non-California parties. |
Torts |
|
Jul. 9, 2010 | |
|
A124268
|
Collins v. Plant Insulation Co.
Despite federal immunity, jury may apportion fault to U.S. Navy under Proposition 15 in asbestos case. |
Torts |
|
Jul. 6, 2010 | |
|
08-16152
|
Kabir v. CNMI Public School System
Commonwealth of Northern Mariana Islands law allows attorney general to certify scope-of employment determinations. |
Torts |
|
Jul. 2, 2010 | |
|
B207468
|
Bowman v. Wyatt
Trial court improperly instructs jury that right of control is dispositive in determining whether worker is City's employee or independent contractor. |
Torts |
|
Jul. 2, 2010 | |
|
B208620
|
Singh v. Southland Stone U.S.A. Inc.
Court’s special findings regarding alleged misrepresentations and promises to Indian who immigrated to United States for work are inconsistent and reversible. |
Torts |
|
Jul. 2, 2010 | |
|
C061943
|
Rogers v. Bell Helicopter Textron Inc.
Injury claim against helicopter manufacturer for defective manual is not barred by limitations period because manual was not original part of aircraft. |
Torts |
|
Jul. 1, 2010 | |
|
B209160
|
Scott v. Rayhrer
Jury instruction is valid where doctor involved in leaving drain in patient’s abdomen requires expert testimony to establish res ipsa loquitor. |
Torts |
|
Jun. 30, 2010 | |
|
S169753
|
Tverberg v. Fillner Construction Inc.
Injured independent contractor may not hold hiring party vicariously liable for injuries resulting from contractor’s failure to guard against risks inherent in work. |
Torts |
|
Jun. 29, 2010 | |
|
A123893
|
Yanez v. SOMA Environmental Engineering Inc.
Trial court violates collateral source rule by reducing personal injury victim’s medical damages to amount paid by her medical insurers. |
Torts |
|
Jun. 28, 2010 | |
|
C060873
|
Whittemore v. Owens Healthcare-Retail Pharmacy Inc.
Pharmacy is not liable for damages under Drug Dealer Liability Act where it did not knowingly market drugs sold by its employee. |
Torts |
|
Jun. 24, 2010 | |
|
08-15522
|
Simmons v. Navajo County
Jail nurses are not deliberately indifferent to serious needs of teenager who commited suicide in custody. |
Torts |
|
Jun. 24, 2010 | |
|
E048472
|
Espinosa v. Kirkwood
Burglars who fled crime and were chased by police cannot recover personal injury damages from co-felon driver. |
Torts |
|
Jun. 24, 2010 | |
|
B213104
|
Aryeh v. Canon Business Solutions Inc.
Continuing violations doctrine does not extend statute of limitations in unfair business practice claim dealing with alleged routine overbilling for photocopies. |
Torts |
|
Jun. 23, 2010 | |
|
A127285
|
Benson v. Superior Court
Coroner has no duty to obtain consent from deceased’s mother before retaining heart to determine deceased’s cause of death. |
Torts |
|
Jun. 23, 2010 | |
|
S169195
|
Kleffman v. Vonage Holdings Corp.
It is not unlawful to send spam from multiple domain names for the purpose of bypassing filters. |
Torts |
|
Jun. 22, 2010 | |
|
09-55093
|
FTC v. Neovi Inc.
Website causes substantial injury under Federal Trade Commission Act where it creates and delivers unverified checks for fraudsters and con artists. |
Torts |
|
Jun. 16, 2010 | |
|
G042436
|
Formet v. The Lloyd Termite Control Co.
Termite inspector does not owe duty of care to injured guest of owner whose property was inspected. |
Torts |
|
Jun. 14, 2010 | |
|
A124268
|
Collins v. Plant Insulation Co.
Despite federal immunity, jury may apportion fault to U.S. Navy under Proposition 15 in asbestos case. |
Torts |
|
Jun. 7, 2010 | |
|
C061943
|
Rogers v. Bell Helicopter Textron Inc.
Injury claim against helicopter manufacturer for defective manual is not barred by limitations period because manual was not original part of aircraft. |
Torts |
|
Jun. 7, 2010 | |
|
B212874
|
Chude v. Jack in the Box Inc.
Uninsured motorist whose coffee spilled on her in Jack in the Box drive-through is barred from seeking non-economic damages. |
Torts |
|
Jun. 1, 2010 | |
|
B213636
|
Scalzo v. American Express Co.
Litigation privilege does not protect defendant who impermissibly obtained plaintiff's credit card information where claimed damages were unrelated to litigation. |
Torts |
|
Jun. 1, 2010 | |
|
B217398
|
Barragan v. County of Los Angeles
Claimant who fails to contact counsel due to physical disability within required timeframe following accrual of cause of action may establish excusable neglect. |
Torts |
|
May 27, 2010 | |
|
B210211
|
Whitmire v. Ingersoll-Rand Co.
Plaintiff fails to prove triable issue of fact regarding exposure to asbestos for which company was responsible. |
Torts |
|
May 23, 2010 | |
|
04-17485
|
Pintos v. Pacific Creditors Association
Agency is liable for furnishing credit report to collect debt unrelated to 'credit transaction' but may seal confidential documents for good cause. |
Torts |
|
May 23, 2010 | |
|
E048536
|
Amerigas Propane LP v. Landstar Ranger Inc.
Triable issue exists concerning motor carrier’s alleged liability under Federal Motor Carrier Safety Regulations to manufacturer of load for driver’s injury. |
Torts |
|
May 19, 2010 | |
|
B209176
|
Camp v. State of California
Officer does not owe duty to injured passenger where officer's failure to assess injury did not alter risk of harm. |
Torts |
|
May 18, 2010 | |
|
09-55093
|
FTC v. Neovi Inc.
Website causes substantial injury under Federal Trade Commission Act where it creates and delivers unverified checks for fraudsters and con artists. |
Torts |
|
May 16, 2010 |
