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Name Category Published
Massey v. Mercy Medical Center Redding
Court erroneously dismisses medical negligence action against nurse based on lack of expert testimony where standard of care required common knowledge. 		Torts Dec. 23, 2009
Suarez v. Pacific Northstar Mechanical Inc.
Under statute establishing relationship, injured employees of general contractor can sue subcontractor for negligence based on failure to warn about hazard. 		Torts Dec. 21, 2009
Doe v. Roman Catholic Bishop of San Diego
Plaintiffs are barred from suing church for childhood sex molestations regardless of discovery time where they failed to sue during revival window. 		Torts Dec. 2, 2009
Oddone v. Superior Court (Technicolor Inc.)
Widow of employee exposed to toxic substances is not owed duty from employer when she could not specify substance or injury. 		Torts Nov. 24, 2009
Johnson v. Honeywell International Inc.
Sophisticated user defense is improper grounds for sustaining demurrer in response to strict liability claim for design defect based on risk-benefit test. 		Torts Nov. 22, 2009
Kelly v. CB&I Constructors Inc.
Landowner who was not present on property during fire cannot receive damages for discomfort, annoyance, inconvenience, and mental anguish. 		Torts Nov. 22, 2009
Merrill v. Leslie Controls Inc.
Manufacturer is only liable for exposure resulting from components it actually distributed where product was distributed with frequently replaced asbestos-containing components. 		Torts Nov. 18, 2009
Doe v. Roman Catholic Bishop of San Diego
Plaintiffs are barred from suing church for childhood sex molestations regardless of discovery time where they failed to sue during revival window. 		Torts Nov. 17, 2009
Jackson v. Yarbray
In malicious prosecution case, defendant bears burden of proving that alleged fees were covered by award following plaintiff’s successful motion to strike. 		Torts Nov. 11, 2009
Princess Cruise Lines Ltd. v. Superior Court (Wang)
Couple that bought cruise tickets and activities without relying on cruise line cannot sue based on fraud theory involving false advertising and misrepresentation. 		Torts Nov. 11, 2009
Cabral v. Ralphs Grocery Co.
Grocery truck driver, who stopped in emergency shoulder, is not negligent in relation to collision that caused motorist’s death. 		Torts Nov. 11, 2009
Doe v. Roman Catholic Bishop of San Diego
Plaintiffs are barred from suing church for childhood sex molestations regardless of discovery time where they failed to sue during revival window. 		Torts Nov. 9, 2009
Joseph v. Johnson
Statute of limitations does not bar claim against defendant for intentionally making minors available to husband for purpose of engaging in lewd conduct. 		Torts Nov. 8, 2009
Merrill v. Leslie Controls Inc.
Manufacturer of products used with asbestos has no duty to warn of dangerous condition when hazard is created by asbestos. 		Torts Sep. 29, 2009
Levinson v. Owens
Social hosts did not increase risk of horseback riding where plaintiff assumed inherent risk of injury. 		Torts Sep. 28, 2009
O'Neil v. Crane Co.
Manufacturer is not entitled to 'component parts' defense when operation of component part required use of asbestos-containing product. 		Torts Sep. 22, 2009
Oxford v. Foster Wheeler LLC
General test for 'government contractor defense' does not necessarily preclude liability in failure to warn context. 		Torts Sep. 11, 2009
J.L. v. Children's Institute Inc.
Family child care provider owes no duty to protect child from sexual assault while in family day care home. 		Torts Sep. 8, 2009
Carrera v. Sopp & Son
Bailee owes duty to victims of car accident where parolee stole tow truck from tow yard and subsequently killed bystanders. 		Torts Sep. 4, 2009
Aloe Vera of America Inc. v. United States
Statute of limitations for filing complaint alleging unauthorized disclosures runs from date plaintiff discovered disclosure, whether authorized or not. 		Torts Sep. 3, 2009
McMahon v. Craig
Dog owner may not recover for negligent infliction of emotional distress where veterinarian’s neglect caused pet's death. 		Torts Sep. 2, 2009
M.P. v. City of Sacramento
City is not vicariously liable for sexual assault allegedly committed at social event by off-duty and on-duty firefighters. 		Torts Sep. 1, 2009
Hilton v. Hallmark Cards
Anti-SLAPP motion is denied where card's image of Paris Hilton saying, 'that's hot,' constituted free speech in relation to public issue. 		Torts Sep. 1, 2009
Levinson v. Owens
Social hosts did not increase risk of horseback riding where plaintiff assumed inherent risk of injury. 		Torts Aug. 27, 2009
Drummond v. Desmarais
Malicious prosecution claim fails where voluntary dismissal of underlying action did not amount to termination in plaintiffs' favor. 		Torts Aug. 20, 2009
Christoff v. Nestle USA Inc.
Statute of limitations does not bar misappropriation of likeness claim where record did not show whether product label production constituted single publication. 		Torts Aug. 18, 2009
Gordon v. Virtumundo Inc.
Plaintiff lacks standing to claim unlawful sending of 'spam' where he merely registered domain name and created e-mail accounts. 		Torts Aug. 10, 2009
Drummond v. Desmarais
Malicious prosecution claim fails where voluntary dismissal of underlying action did not amount to termination in plaintiffs' favor. 		Torts Aug. 6, 2009
Hernandez v. Hillsides Inc.
No privacy violation based on intrusion where employer videotaped employee's office after-hours to apprehend nighttime intruder. 		Torts Aug. 5, 2009
McMahon v. Craig
Dog owner may not recover for negligent infliction of emotional distress where veterinarian’s neglect caused pet's death. 		Torts Aug. 4, 2009
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