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Mike Davidov Co. v. Issod
If defendant does not produce financial records in violation of court order, court may award punitive damages without evidence of defendant's financial condition.
Torts Apr. 28, 2000
Lund v. Bally's Aerobic Plus Inc.
Waiver and release provision contained in gym's standard membership contract also applies to personal training services.
Torts Apr. 28, 2000
Scheiding v. General Motors Corp.
Federal law forecloses state law causes of action against locomotive manufacturers for defective product design.
Torts Apr. 28, 2000
Haggis v. City of Los Angeles
Failure to establish city had mandatory duty to preserve developed property on unstable land precludes all claims against city.
Torts Apr. 28, 2000
Shipman v. Boething Treeland Farms,Inc.
Private property owner owes no duty to injured, recreational vehicle driver when driver was uninvited, non-paying recreational user of land.
Torts Apr. 28, 2000
Paz v. State of California
Contract for public project doesn't create general duty to third persons.
Torts Apr. 27, 2000
Belton v. Bowers Ambulance Service
Incarceration extends Statute of Limitations in prisoner's suit against health care provider a maximum of three years.
Torts Apr. 20, 2000
Gee v. Shepherd
Order
Torts Apr. 18, 2000
O'Dell v. Sun Refining and Marketing Co.
Order
Torts Apr. 18, 2000
Hutton v. Deere & Co.
Order
Torts Apr. 18, 2000
Pringle v. United States
Army servicemans claim under the Federal Tort Claims Act is barred where his injuries resulted while he was on-duty.
Torts Apr. 18, 2000
Storts v. Hardee's Food Systems
Order
Torts Apr. 18, 2000
Hale v. Danny's Construction Co.
Order
Torts Apr. 18, 2000
Dirt Hogs v. Natural Gas Pipeline Co.
Order
Torts Apr. 18, 2000
Cardtoons L.C. v. Major League Baseball Players Assn.
Noerr-Pennington doctrine does not provide immunity for purely private threats of litigation.
Torts Apr. 18, 2000
Ortiz v. United States Border Patrol
Order
Torts Apr. 18, 2000
White v. Muniz
Mentally disabled person may be held liable for intentional torts, but only if he intended to cause offensive or harmful consequences by his acts.
Torts Apr. 18, 2000
Tracz v. Charter Centennial Peaks Behavioral Health Systems Inc.
In-person evaluation is not required prior to 72-hour mental health hold.
Torts Apr. 5, 2000
Schmitz v. Aston
Accusing neighbor of child molestation doesn't justify application of conditional privilege unless certain factors are met.
Torts Apr. 4, 2000
Ostayan v. Serrano Reconveyance Co.
Negligent misrepresentation action requires actual and reasonable reliance on defendant's representation.
Torts Mar. 31, 2000
Shipman v. Boething Treeland Farms Inc.
Private property owner owes no duty to injured, recreational vehicle driver when driver was uninvited, non-paying recreational user of land.
Torts Mar. 31, 2000
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 Mar. 31, 2000
Hernandez v. California Hospital Medical Center
In medical malpractice action, claimant may recover against hospital even though Medicare and Medi-Cal paid his medical expenses.
Torts Mar. 31, 2000
Brennan v. Tremco, Inc.
Demurrer without leave to amend can't be sustained where triable issues of fact remain to be decided.
Torts Mar. 31, 2000
Scheiding et al. v. General Motors Corporation
Federal Locomotive Boiler Inspection Act pre-empts state claims concerning exposure to asbestos in locomotives. The C.A. 1st has ruled that the federal Locomotive Boiler Inspection Act (BIA) pre-empted state tort action
Torts Mar. 30, 2000
Hidalgo v. Fagen Inc.
Strict liability claim against parts manufacturer requires claimant to demonstrate that the part itself, not the final product, is defective.
Torts Mar. 29, 2000
Fox v. Kramer
Hospital peer review records are inadmissible subsequent remedial measures evidence.
Torts Mar. 29, 2000
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 Mar. 23, 2000
Sky Fun 1, Inc. v. Schuttloffel
Pilot may bring defamation claim against former employer for statements made to prospective new employer.
Torts Mar. 22, 2000
Myers v. Chopra
Order
Torts Mar. 22, 2000