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Name Category Published
Bonds v. Roy
Expert testimony may be excluded where expert witness declaration didn't provide fair notice of subject matter. 		Torts May 10, 1999
Cedars-Sinai Medical Center v. Superior Court (Bowyer)
Intentional spoliation of evidence, discoverable during litigation, isn't an independent tort. 		Torts May 10, 1999
Axline v. Saint John's Hospital and Health Center
Release from liability of hospital representatives and medical staff doesn't release hospital itself. 		Torts May 10, 1999
Arena v. Owens Corning
Strict products liability and Proposition 51 both apply to suit against supplier of raw asbestos. 		Torts May 10, 1999
Edson v. City of Anaheim
Plaintiff in wrongful death action involving police must prove that use of force was unreasonable. 		Torts May 10, 1999
Gawara v. United States Brass Corp.
Homeowners alleging fraud in connection with defective plumbing must show actual reliance on misrepresentations. 		Torts May 6, 1999
Kotler v. Alma Lodge
Residential care facility isn't shielded by damage limits of Medical Injury Compensation Reform Act. 		Torts May 6, 1999
Sipple v. Foundation for National Progress
Anti-Strategic Lawsuit Against Public Participation statute protects magazine against defamation claim by public figure featured in article alleging domestic violence. 		Torts May 6, 1999
McDonald v. Southern Pacific Transportation Co.
Jury discussing evidence not presented at trial during deliberations constitutes jury misconduct requiring new trial. 		Torts May 6, 1999
Silva v. Rotkin
One year limitations period under Tort Claims Act applies to actions under federal civil rights statute. 		Torts Apr. 29, 1999
Conroy v. Spitzer
Act forbidding strategic lawsuits against public participation bars defamation suit based on negative campaigning statements which has reliable basis. 		Torts Apr. 28, 1999
Hill v. Noram Investments
Order 		Torts Apr. 28, 1999
Barris v. County of Los Angeles
Liability cap on professional negligence claim applies to noneconomic damage award for violation of Emergency Medical Treatment and Active Labor Act. 		Torts Apr. 22, 1999
Wilson, McCall & Daoro v. American Qualified Plans Inc.
If innocent indemnitee has to defend itself due to indemnitor's negligence, attorney fees are recoverable. 		Torts Apr. 21, 1999
Monarch v. Southern Pacific Transportation Co.
Federal Employers' Liability Act pre-empts injured railroad employee's state law intentional tort claim of fraudulent concealment. 		Torts Apr. 21, 1999
Merlet v. Rizzo
Failed application for order for writ of sale can't support later claim for malicious prosecution. 		Torts Apr. 19, 1999
Andres v. Young Men's Christian Association
Failure to provide lifeguard or supervisor for shower room Jacuzzi isn't negligence per se. 		Torts Apr. 19, 1999
Sagonowsky v. More
Favorable outcome in private, contractual arbitration doesn't support subsequent malicious prosecution action. 		Torts Apr. 19, 1999
Gutierrez v. Cassiar Mining Corp.
Jury instructions in asbestos cases must provide guidance regarding pre-existing conditions. 		Torts Apr. 19, 1999
Dodds v. SVW American Broadcasting Co.
Broadcasting company's recount of third party statements in televised report doesn't support defamation action. 		Torts Apr. 19, 1999
Patterson v. City of Livermore
Bicycling accident described in complaint didn't necessarily involve a 'hazardous recreational activity.' 		Torts Apr. 19, 1999
Andres v. Young Men's Christian Association
Failure to provide lifeguard or supervisor for shower room Jacuzzi isn't negligence per se. 		Torts Apr. 19, 1999
Davis v. Shiley Incorporated, Inc.
California's governmental interests warrant application of its statute of limitations to fraud action. 		Torts Apr. 15, 1999
Martinez v. Vintage Petroleum, Inc.
No liability for negligent oil company when superseding act of third party causes an explosion. 		Torts Apr. 14, 1999
Hernandez v. Garcetti
Statute of limitation for negligent third party spoliation suit starts to run upon discovery of actual harm. 		Torts Apr. 14, 1999
Martinez v. Vintage Petroleum, Inc.
No liability for negligent oil company when superseding act of third party causes an explosion. 		Torts Apr. 14, 1999
Dillingham Construction N.A. Inc. v. Nadel Partnership Inc.
Where settlement payment isn't allocated, non-settling defendant's equitable indemnity obligation can't exceed damages actually caused. 		Torts Apr. 14, 1999
International Engine Parts Inc. v. Fedderson and Co.
Judicial estoppel bars tort claim after plaintiff denies claim's existence in course of bankruptcy proceedings. 		Torts Apr. 14, 1999
Toland v. Sunland Housing Group Inc.
Workers' Compensation Act bars all suits by contractor's employees against hiring party under peculiar risk doctrine. 		Torts Apr. 14, 1999
Mariani v. Price Waterhouse
Summary judgment properly granted when there's no evidence that defendant intended to induce reliance. 		Torts Apr. 14, 1999
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