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I.C. v. Compton Unified School District
Substantial evidence supported defense verdict on school district's liability after plaintiff suffered an injury as a result of a teacher's attempt to break up a fight.
Torts 2DCA/8 Feb. 10, 2025
Hay v. Marinkovich
Although prevailing defendants in civil actions under Penal Code Section 502 may be awarded their reasonable attorney's fees, they may not recover where the plaintiff's claim was not frivolous.
Torts 4DCA/1 Feb. 10, 2025
D.G. v. Orange County Social Services Agency
Trial court improperly granted summary judgment for Social Services Agency, concluding erroneously that foster child's abuse was not foreseeable.
Torts 4DCA/3 Feb. 4, 2025
Huntsman v. Corporation of the President
Summary judgment on fraud claim against church was appropriate where there was no evidence the church had knowingly made any misrepresentations of fact regarding its use of members' tithing funds.
Torts, Constitutional Law 9th Feb. 3, 2025
Modification: Hearn v. Pacific Gas & Electric Co.
Plaintiff's defamation claim was not separately actionable from the wrongful termination claim he dropped before trial where the claims arose from the same wrongful conduct and requested the same damages.
Employment Law, Torts 1DCA/3 Jan. 30, 2025
Ng v. Superior Court (Los Alamitos Medical Center Inc.)
Wrongful death and medical malpractice claims were sufficiently separate and distinct to warrant separate non-economic damage caps under the Medical Injury Compensation Reform Act.
Torts, Health Care 4DCA/3 Jan. 30, 2025
Carmichael v. Cafe Sevilla of Riverside, Inc.
Negligence per se claim failed because violation of a conditional use permit is not a "violation of a statute or ordinance."
Torts 4DCA/3 Jan. 28, 2025
Hearn v. Pacific Gas & Electric Co.
Plaintiff's defamation claim was not separately actionable from the wrongful termination claim he dropped before trial where the claims arose from the same wrongful conduct and requested the same damages.
Employment Law, Torts 1DCA/3 Jan. 28, 2025
L.W. v. Audi AG
Trial court had personal jurisdiction over Audi's German-HQ entity under the stream-of-commerce theory.
Civil Procedure, Torts 3DCA Jan. 17, 2025
Gee v. National Collegiate Athletic Assocation
The assumption of risk doctrine applied to a plaintiff injured by an inherent risk of the sport (head hits), irrespective of whether the specific injury itself (CTE) was inherent to the sport.
Torts 2DCA/8 Jan. 14, 2025
Stokes v. Forty Niners Stadium Management Co.
Negligence claim against defendant football stadium security lacked causation where the incident occurred too quickly for defendant to intervene.
Torts 6DCA Jan. 14, 2025
Collins v. Diamond Generating Corp.
Trial court erred in not allowing for Privette jury instructions that could have potentially provided defendant, a partial indirect owner, with the same liability protections as the owner.
Torts 4DCA/3 Jan. 10, 2025
Greener v. M. Phelps, Inc.
Trial court did not err in choosing increased risk assumption of liability jury instruction when facts demonstrated that defendant jiu jiu-jitsu instructor chose to proceed with improper move.
Torts 4DCA/1 Jan. 3, 2025
Woolard v. Regent Real Estate Services
A homeowners association and its management company did not have a duty to involve itself in a dispute between tenants.
Torts 4DCA/3 Dec. 26, 2024
Kabat v. Department of Transportation
Summary judgment for dangerous condition of public property liability under Government Code Section 835 was proper when Caltrans provided evidence that it had no notice of allegedly dangerous condition.
Government, Torts 4DCA/3 Dec. 23, 2024
Modification: Yaffee v. Skeen
Reversal required where inadmissible evidence of reasonable value of medical services received by insured plaintiff may have resulted in recovery of amounts paid by neither the plaintiff nor his insurer.
Remedies, Torts 3DCA Dec. 23, 2024
Modification: Yaffee v. Skeen
Reversal required where inadmissible evidence of reasonable value of medical services received by insured plaintiff may have resulted in recovery of amounts paid by neither the plaintiff nor his insurer.
Remedies, Torts 3DCA Dec. 18, 2024
Murphy v. City of Petaluma
Paramedics did not assume a duty of care to provide a plaintiff with medical assistance she repeatedly declined.
Torts 1DCA/1 Nov. 27, 2024
Yaffee v. Skeen
Reversal required where inadmissible evidence of reasonable value of medical services received by insured plaintiff may have resulted in recovery of amounts paid by neither the plaintiff nor his insurer.
Remedies, Torts 3DCA Nov. 27, 2024
Juarez v. San Bernardino City Unified School District
School district was liable for actions an off-duty school district officer took where he identified himself as an officer and exercised his authority to demand that plaintiff turn over a found cell phone.
Torts 4DCA/1 Nov. 26, 2024
Smith v. Magic Mountain LLC
Plaintiff was not entitled to jury instructions regarding common carriers' heightened duty of care because the evidence showed she had not yet placed herself in the amusement park's control.
Torts 2DCA/2 Nov. 25, 2024
Gonzalez v. Interstate Cleaning Corp.
A mall that complied with rigorous, regular maintenance procedures lacked constructive notice of a dangerous condition--a spilled pile of oranges on the floor.
Torts 4DCA/2 Nov. 25, 2024
McCurdy v. County of Riverside
After a successful habeas petition, petitioner's claim against County was subject to 6-month presentation window for tort claims.
Government, Torts 4DCA/1 Nov. 22, 2024
Maksimow v. City of South Lake Tahoe
The City of South Lake Tahoe did not have notice of the dangerous icy condition of a parking lot and therefore could not be found liable for plaintiff's injuries.
Torts 3DCA Nov. 6, 2024
Watts v. Pneumo Abex
Trial court erred in directing verdict against brake manufacturer's sophisticated user defense as substantial evidence plainly demonstrated that plaintiff, an automotive shop operator, was aware of the asbestos risk.
Torts 1DCA/2 Oct. 31, 2024
Casun Invest, A.G. v. Ponder
District court did not err in applying Nevada's four-year statute of limitations to unjust enrichment claim concerning a California property and a Nevada LLC.
Civil Procedure, Torts 9th Oct. 16, 2024
Union Pacific Railroad Co. v. Superior Court (Abrams)
Landowner did not have a duty to remove tree or otherwise take protective measures to protect drivers who veered off the highway from the tree's alleged dangerous condition.
Torts 5DCA Oct. 9, 2024
Kim v. Uber Technologies, Inc.
Uber was not liable for driver who logged off from the Uber driver app and struck a pedestrian minutes later.
Employment Law, Torts 2DCA/8 Sep. 24, 2024
McCurry v. Singh
Physician had no duty of care when his overall actions did not establish a physician-patient relationship with decedent.
Torts, Health Care 3DCA Sep. 12, 2024
Lynch v. Peter & Associates
Despite having no contract with homeowner, geotechnical inspection company owed homeowner a duty of care to perform with skill expected of professional in its position.
Business Law, Torts 4DCA/3 Sep. 12, 2024