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North American Title Co. v. Gugasyan
The "safe harbor" presumption does not require a notary to verify with the Department of Motor Vehicles that a driver's license is legitimately issued.
Torts 2DCA/2 Dec. 30, 2021
Presbyterian Camp and Conference Centers v. Superior Court (Dept. of Forestry and Fire Protection)
A corporation was liable for the costs of suppressing fires that its employee negligently set because the statute at issue incorporated the theory of respondeat superior.
Torts CASC Dec. 28, 2021
Russell v. Dept. of Corrections and Rehabilitation
A parole officer did not have a duty to warn the victim of the parolee's dangerous propensities because there was insufficient evidence that a special relationship existed.
Torts 3DCA Dec. 20, 2021
Miller v. Sawant
Dismissal was improper in a defamation suit because it was plausible that statements about the police were "of and concerning" plaintiff officers in particular.
Torts 9th Nov. 11, 2021
Amended Opinion: Steinle v. U.S.
Several intervening acts preceding fatal incident were too remote to establish proximate causation.
Torts 9th Nov. 9, 2021
Chase v. Wizmann
Compliance with municipal noise ordinances does not automatically immunize a defendant from traditional nuisance liability.
Torts 2DCA/2 Nov. 3, 2021
Mitchell v. Los Robles Regional Medical Center
Plaintiff's complaint was time-barred because it alleged a cause of action for professional negligence, rather than general negligence or premises liability.
Torts 2DCA/6 Nov. 3, 2021
Gall v. Smith & Nephew, Inc.
Liability does not fall on manufacturer where doctor knew of an implant's risks and may have failed to provide the warnings to the patient.
Torts 2DCA/8 Nov. 1, 2021
Doe v. Roman Catholic Archbishop of Los Angeles
The Archdiocese owed a duty to protect a plaintiff taking classes at a Catholic church because a special relationship existed.
Torts 2DCA/7 Oct. 22, 2021
Hawkins v. U.S.
A veteran was permitted to sue the government for her injuries under the Federal Torts Claim Act because she was not barred by the Federal Employees' Compensation Act.
Torts 9th Sep. 29, 2021
Cavey v. Tualla
A claim submitted without plaintiff's knowledge did not cause the statute of limitations period to run.
Torts 5DCA Sep. 27, 2021
Sandoval v. Qualcomm Inc.
A party who fully and effectively delegates work to a contractor owes no tort duty to that contractor's workers.
Torts CASC Sep. 10, 2021
Harris v. Thomas Dee Engineering Co., Inc.
An expert's declaration that purportedly contradicted his earlier deposition should have been considered on summary judgment because the declaration did not prejudice the opposing party.
Torts 1DCA/5 Sep. 7, 2021
Green v. Healthcare Services, Inc.
Because jury found that treatment facility was negligent and its negligence was a cause of patient's suicide, court did not err in not instructing jury on superseding cause defense.
Torts 4DCA/3 Sep. 1, 2021
Steinle v. U.S.
Several intervening acts preceding fatal incident were too remote to establish proximate causation.
Torts 9th Aug. 25, 2021
Gonzalez v. Mathis
Landowners owe no duty to independent contractors or its workers to remedy or adopt other measures to protect them against known hazards on premises.
Torts CASC Aug. 20, 2021
Hedayati v. Interinsurance Exchange of the Auto. Club
Summary judgment was improper because insurer did not attempt to refute plaintiff's good faith and fair dealing claim based on its alleged failure to communicate with its insured.
Torts 4DCA/3 Aug. 13, 2021
Pilliod v. Monsanto Co.
Failure to warn and design defect claims based on state-law labeling and packaging requirements were not expressly preempted by Federal Insecticide, Fungicide, and Rodenticide Act.
Torts 1DCA/2 Aug. 11, 2021
McKenna v. Beasley
Vehicle owners must inquire into prospective driver's license status before allowing driver to operate their vehicle.
Torts 4DCA/1 Aug. 10, 2021
Sisto v. U.S.
Physician working at Indian contractor hospital was not 'employee' of that hospital for purposes of Federal Tort Claims Act.
Torts 9th Aug. 5, 2021
Mezger v. Bick
No invasion of privacy where captured sounds and video from neighbor's Nest security camera are incidental to neighbor's security interest.
Torts 2DCA/8 Jul. 6, 2021
Williams v. National Western Life Insurance Co.
Insurance company did not commit financial elder abuse because there was no evidence it had any knowledge of independent agent's fraudulent conduct.
Torts 3DCA Jun. 15, 2021
Severin Mobile Towing, Inc. v. JPMorgan Chase
Bank defendant could not assert California Uniform Commercial Code Section 3405 defense because it did not address manner in which employee fraudulently indorsed employer's checks.
Torts 4DCA/1 Jun. 10, 2021
Modification: Issakhani v. Shadow Glen Homeowners Assn.
Duty of care was not owed by landlord because rezoning ordinance that required certain number of parking spots was not designed to protect invitees from traffic accidents.
Torts 2DCA/2 Jun. 1, 2021
Leon v. County of Riverside
County was immune from liability for Sheriff's deputies' alleged negligence because their acts occurred in the course of an investigation.
Torts 4DCA/2 Jun. 1, 2021
White v. Molfetta
There was no credible evidence of emotional distress resulting from attorney's two-year delay in returning plaintiff's criminal case file so that he could file federal habeas petition.
Torts 4DCA/3 May 26, 2021
Smith v. BP Lubricants USA Inc.
Employee's conduct of referring to African American employee as 'banana hands' during presentation when all non-African American employees and superiors laughed was extreme and outrageous.
Torts 4DCA/2 May 14, 2021
Nieves Martinez v. U.S.
Federal Tort Claims Act's discretionary function exception applied to plaintiffs' claims for alleged tortious actions by government officials during criminal investigation related to border crossing.
Torts 9th May 12, 2021
Nissan Motor Acceptance Cases
Based on scope of juror's nondisclosures and implausibility of some of her explanations, trial court reasonably could infer her omissions concealed state of mind that prevented her from being impartial juror.
Torts 4DCA/3 May 4, 2021
Issakhani v. Shadow Glen Homeowners Assn., Inc.
Duty of care was not owed by landlord because rezoning ordinance that required certain number of parking spots was not designed to protect invitees from traffic accidents.
Torts 2DCA/2 May 4, 2021