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Ferreira v. Gray, Cary, Ware & Freidenrich
Where case is concluded by settlement after trial, there is no favorable termination for purposes of pursuing malicious prosecution action. 		Torts Jul. 2, 2001
San Diego Trolley Inc. v. Superior Court (Kinder)
Patient's disclosure of psychiatric treatment does not waive psychotherapist-patient privilege. 		Torts Jun. 29, 2001
Lee v. Burlington Northern Santa Fe Railway Company
State tort action brought against railroad for inadequate warning signs at railroad crossing is preempted by federal law. 		Torts Jun. 28, 2001
Jackson v. East Bay Hospital
Hospital did not violate statute by failing to diagnose patient's emergency condition, where doctors treated symptoms and decided patient was stabilized. 		Torts Jun. 28, 2001
Perry v. Shaw
When common law battery has been proved MICRA's statutory limitation on noneconomic damages does not apply. 		Torts Jun. 28, 2001
Kolodge v. Boyd
Where bid at nonjudicial foreclosure sale is less than total outstanding debt, triable issue remains as to whether it's 'full credit bid.' 		Torts Jun. 28, 2001
Santa Barbara Pistachio Ranch v. Chowchilla Water District
Evidence of lost profits from diseased pistachio trees should not have been automatically excluded from calculation of damages. 		Torts Jun. 28, 2001
FNB Mortgage Corp. v. Pacific General Group
Action arising from alleged construction defects is barred by statute of limitations, despite tolling agreement between the parties. 		Torts Jun. 28, 2001
Nicole M. v. Sears, Roebuck & Co.
Store does not have affirmative duty to prevent wrongful acts of another party if act cannot be reasonably anticipated. 		Torts Jun. 28, 2001
McGill v. M.J. Brock & Sons Inc.
Misrepresentation action not barred by statute of limitations when defendant fails to demonstrate that plaintiffs were on inquiry notice of neighborhood changes. 		Torts Jun. 28, 2001
Videotape Plus Inc. v. Lyons
Malicious prosecution requires proof that all of plaintiff's causes of actions lacked probable cause. 		Torts Jun. 27, 2001
Chavez v. Parkview Episcopal Medical Center
Designation of nonparty at fault must be made within 90 days of commencement of case. 		Torts Jun. 27, 2001
Galvez v. Frields
Court's refusal to give jury instruction regarding negligence per se entitles child with birth defect to new trial for wrongful birth. 		Torts Jun. 27, 2001
Chryar v. Wolf
Damages that are based on claim of outrageous conduct may include compensation for sentimental value of property. 		Torts Jun. 26, 2001
Burg v. City of Seattle
Landowner's duty to prevent landslides limited to situations where owner has notice of hazard produced by alteration to land's natural condition. 		Torts Jun. 20, 2001
Doe v. Gonzaga University
Jury was properly instructed and sufficient evidence exists as to defamation and invasion of privacy claims, among others, to sustain verdict. 		Torts Jun. 19, 2001
Faulkner v. Racquetwood Village
In absence of control over common areas owner does not have duty to protect tenant from foreseeable criminal conduct on premises. 		Torts Jun. 19, 2001
Matthews v. City and County of Denver
Deadline for filing notice of claim against governmental entity is extended when it falls on legal holiday. 		Torts Jun. 12, 2001
Mitchell v. Ryder
Psychotherapist owes parent duty of care in relation to opinion rendered in custody evaluation. 		Torts Jun. 12, 2001
Sherman Way Townhomes, Inc. v. Superior Court (Twarowski III, Inc.)
Parties subsequent stipulation to resolve cross-action by arbitration does not shield them from malicious prosecution claim based on cross-action. 		Torts Jun. 11, 2001
Saucedo v. The Salvation Army
Motion for judgment as matter of law should be granted when evidence demonstrates that causation element in punitive damages claim is lacking. 		Torts Jun. 11, 2001
Saelzler v. Advanced Group 400
Complete absence of security measures at apartment complex creates triable issue as to whether complex owners breached their duty to assaulted woman. 		Torts Jun. 1, 2001
Fox v. Mahoney
Car accident victim is entitled to new trial when court refuses to admit doctor's letter regarding future medical expenses. 		Torts May 28, 2001
Bratton v. Welp
Summary judgment for county should have been granted because public duty doctrine bars tort claims. 		Torts May 28, 2001
Alpert v. Villa Romano Homeowners Association
Homeowners association owes pedestrians duty to warn of dangerous conditions in sidewalk under its control. 		Torts May 24, 2001
Griffin v. West RS Inc.
Once jury finds defendant is negligent, whatever standard of duty defendant has doesn't affect jury's proximate cause determination. 		Torts May 22, 2001
Winbun v. Moore
Among other things, statute of limitations one year discovery period begins when plaintiff discovers act or omission that caused injury. 		Torts May 22, 2001
Schreiber v. Estate of Donald Wayne Kiser
Court properly excluded medical opinion testimony when plaintiff failed to provide narrative statement of testimony. 		Torts May 21, 2001
Brennan v. Tremco Inc.
Person may not sue for malicious prosecution of action that parties resolved through contractual arbitration. 		Torts May 18, 2001
Jennifer M. v. Redwood Women's Health Center
Private medical clinic is not government 'agency' under Information Practices Act. 		Torts May 18, 2001
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