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Lorenzo v. Calex Engineering, Inc.
Defendant contractors, who established an unpermitted construction staging area for vehicles, owed a duty of care to plaintiffs whose minor daughters were killed by a truck driver.
Torts 2DCA/1 Apr. 1, 2025
Modification: Montoya v. Superior Court (Fowler)
Burden of proof may be shifted to defendant doctor when the CT scan he delayed in ordering was crucial to establishing medical negligence causation.
Torts, Civil Procedure 4DCA/3 Mar. 31, 2025
Estate of St. John v. Schaeffler
Out-of-possesion landlord had no duty of care to decedent when landlord had no actual knowledge of the dangerous condition: failure to fence-in a 300-pound pig.
Real Property, Torts 2DCA/5 Mar. 25, 2025
Drury v. Ryan
Trial court's refusal to allow negligence per se jury instruction was reversible error where defendant's traffic violation led to collision.
Torts, Evidence 4DCA/3 Mar. 25, 2025
Montoya v. Superior Court (Fowler)
Burden of proof may be shifted to defendant doctor when the CT scan he delayed in ordering was crucial to establishing medical negligence causation.
Torts, Civil Procedure 4DCA/3 Mar. 25, 2025
Escamilla v. Vannucci
One-year statute of limitations period for claims against attorneys only applies to professional misconduct claims between attorneys and their clients or their intended beneficiaries, not tort claims by third parties.
Attorneys, Torts CASC Mar. 21, 2025
Harding v. Lifetime Financial, Inc.
Financial advisory firm owed no duty to plaintiff who was scammed by an impostor posing as an advisor employed by the firm.
Torts 4DCA/3 Mar. 18, 2025
Kaushansky v. Stonecroft Attorneys, APC
Professional negligence award was not supported by evidence where plaintiff failed to demonstrate the collectability of the hypothetical underlying judgment that served as the basis for the award.
Attorneys, Torts 2DCA/7 Mar. 18, 2025
Kuo v. Dublin Unified School Dist.
Labor Code provision classifying school volunteers as "employees" applied to school volunteer who was killed, thereby rendering workers' compensation plaintiffs' sole remedy.
Torts, Workers' Compensation 1DCA/4 Mar. 14, 2025
K.C. v. County of Merced
Despite statute reviving time-barred claims for childhood sexual assault, County was immunized from liability for claims of alleged sexual assault occurring in foster care that were not investigated.
Immunity, Torts 5DCA Mar. 13, 2025
Zaragoza v. Adam
Expert declaration concluding that medical negligence defendant acted within the standard of care without providing underlying facts and reasons was insufficient to satisfy defendant's burden at the summary judgment stage.
Torts, Civil Procedure 1DCA/3 Mar. 3, 2025
Modification: 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 Feb. 24, 2025
Modification: 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. 20, 2025
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