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Name Category Published
Maranatha Corrections LLC v. Dept. of Corrections and Rehabilitation
Director of correction's letter exposing contractor's misappropriation of revenue is privileged official act, subjecting plaintiff's defamation claims to special motion to strike.
Torts Jan. 14, 2008
Sumpter v. Matteson
Plaintiff is never entitled to punitive damages as matter of right, and granting or withholding of award is wholly within control of jury.
Torts Jan. 11, 2008
Hebrew Academy of San Francisco v. Goldman
Defamation claim based on statement published in very limited circulation over ten years ago is barred by statute of limitations.
Torts Dec. 27, 2007
City of Los Angeles v. Workers' Compensation Appeals Board
City does not owe death benefits to wife of accountant who falls and dies while returning from voluntary CPA convention.
Torts Nov. 27, 2007
Millard v. Biosources
General contractor whose 'retained control' did not affirmatively contribute to technician's fall has no duty to injured employee covered by workers' compensation.
Torts Nov. 18, 2007
Barragan v. Lopez
In wrongful life case, plaintiffs fail to show doctor had duty to advise their mother of her right to abortion.
Torts Nov. 11, 2007
Truong v. Nguyen
Doctrine of primary assumption of risk applies to claim for wrongful death of passenger who died in personal watercraft accident.
Torts Nov. 5, 2007
Patterson v. Sacramento City Unified School District
Primary assumption of risk doctrine does not bar truck driving student's claim where instructors' negligent supervision contributed to injury.
Torts Oct. 23, 2007
Romero v. Pacific Gas & Electric Co.
Father’s wrongful death lawsuit is improperly dismissed where he was not joined in prior settled action brought by child’s mother.
Torts Oct. 21, 2007
Zipusch v. LA Workout Inc.
Summary judgment is improperly granted to health club owner where assumption of risk provision of membership agreement did not release club from liability.
Torts Oct. 3, 2007
Patterson v. Sacramento City Unified School District
Primary assumption of risk doctrine does not bar truck driving student's claim where instructors' negligent supervision contributed to injury.
Torts Sep. 26, 2007
Dennis v. BEH-1
Summary judgment is granted for consumer where credit reporting agency negligently failed to conduct reasonable reinvestigation.
Torts Sep. 25, 2007
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 Sep. 24, 2007
Urhausen v. Longs Drug Stores California Inc.
Woman with crutches who trips on slope of disabled parking space cannot recover for denial of equal access or negligence per se.
Torts Sep. 18, 2007
Castro v. Budget Rent-A-Car System Inc.
Alabama law applies to accident involving overturned truck whose lessor is not 'motor carrier' liable for permissive user's negligence.
Torts Sep. 5, 2007
Miller v. Collectors Universe Inc.
Statutory damages for unauthorized use of name under Civil Code Section 3344(a) are limited to $750 total, not $750 per identical offense.
Torts Sep. 3, 2007
Rice v. Center Point Inc.
Operators of residential treatment facilities do not owe duty of care to general public to control criminal conduct of their residents.
Torts Aug. 30, 2007
White v. Ford Motor Co.
Court must provide proper harm to nonparties instruction and advise jury of prior compensatory damages award in new trial on punitive damages.
Torts Aug. 30, 2007
Shin v. Ahn
Although primary assumption of risk doctrine applies to golf, summary judgment for defendant is improper where player's allegedly reckless swing was disputed.
Torts Aug. 30, 2007
Webb v. Smart Document Solutions LLC
Health Insurance Portability and Accountability Act of 1996 allows patients to obtain their medical records for reduced fee, but not their designated agents.
Torts Aug. 29, 2007
Gonzalez v. Autoliv ASP Inc.
Summary adjudication of cause of action for strict products liability is not proper under risk-benefit theory.
Torts Aug. 29, 2007
Navarette v. United States
Army Corps of Engineers' duty to mark or fence path leading to cliff on campground is not covered by discretionary function exception.
Torts Aug. 29, 2007
Dodson v. J. Pacific Inc.
Jury’s failure to award pain and suffering damages to victim of negligent act who required serious surgery and extensive rehabilitation is inadequate.
Torts Aug. 28, 2007
Lingenfelter v. County of Fresno
Legal guardianship of minor is not a prerequisite for mother to recover damages for IIED due to ill treatment after minor's death.
Torts Aug. 19, 2007
Perez-Torres v. State of California
Governmental immunity is inapplicable in case where man is incarcerated despite fact that government knew, or should have known, it had wrong man.
Torts Aug. 16, 2007
PM Group Inc. v. Stewart
Rod Stewart and representatives were not liable for interference with subcontracts contemplating performance venues where parties never entered contract for canceled tour.
Torts Aug. 15, 2007
Ra v. Superior Court (Presidio International Inc.)
Wife cannot sustain negligent infliction of emotional distress to bystander claim where her husband’s location was uncertain when she heard loud crash.
Torts Aug. 15, 2007
Phillips v. E.I. DuPont de Nemours & Co.
Plutonium producers who helped make atomic bomb are not entitled to immunity under government contractor defense for liability arising from radioiodine exposure.
Torts Aug. 14, 2007
Hall v. Time Warner Inc.
Interview with beneficiary of Marlon Brando’s living trust is issue of widespread public interest due to public’s fascination with Brando’s personal life.
Torts Aug. 5, 2007
Catalyst Strategic Design Inc. v. Kaiser Foundation Health Plan Inc.
Insurance company’s faxing of unsolicited advertisement does not violate Telephone Consumer Protection Act of 1991 where parties have established business relationship.
Torts Aug. 5, 2007