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Howard v. Accor Management US
Summary judgment was appropriate where plaintiff failed to provide any actual evidence that hotel operator had actual or constructive knowledge of an allegedly unsafe shower head that injured her.
Torts 2DCA/8 Apr. 4, 2024
People v. Freetown Holdings Co.
Property owner was liable for public nuisance when he could have reasonably taken measures to prevent his liquor store from becoming a drug haven.
Torts 2DCA/8 Apr. 1, 2024
Modification: Balakrishnan v. The Regents of the University of California
Professor's dismissal from UC Santa Cruz was upheld because his inappropriate sexual conduct towards two non-students at off-campus events related to his relation with the "community."
Torts 1DCA/5 Mar. 5, 2024
Modification: Shalghoun v. North Los Angeles County Regional Center, Inc.
Regional center had no duty to protect employees of a residential facility that accepted a developmentally disabled person as a resident, despite facility's request that regional center relocate the resident.
Torts 2DCA/2 Feb. 26, 2024
Whitehead v. City of Oakland
Plaintiff's release for participating in a bicycle ride fundraiser was valid as to his claim against the City of Oakland because releasing liability in recreational sports does not involve the public interest.
Torts 1DCA/3 Feb. 15, 2024
Fraser v. Farvid
Landlord did not have actual knowledge of pit bulls' vicious nature sufficient for liability from one e-mail referencing the dogs as "guard dogs."
Torts 2DCA/8 Feb. 13, 2024
Balakrishnan v. The Regents of the University of California
Professor's dismissal from UC Santa Cruz was upheld because his inappropriate sexual conduct towards two non-students at off-campus events related to his relation with the "community."
Torts 1DCA/5 Feb. 2, 2024
Modification: Gilead Tenofovir Cases
Plaintiffs injured by pharmaceutical were entitled to pursue claim of negligence rather than strict products liability and did not need to prove the drug was defective to pursue that claim.
Torts 1DCA/4 Feb. 2, 2024
Shalghoun v. North Los Angeles County Regional Center, Inc.
Regional center had no duty to protect employees of a residential facility that accepted a developmentally disabled person as a resident, despite facility's request that regional center relocate the resident.
Torts 2DCA/2 Jan. 26, 2024
Olson v. Saville
Doctrine of primary assumption of the risk barred liability for injuries caused by a negligent surfer to a fellow surfer.
Torts 2DCA/6 Jan. 19, 2024
Williams Sports Rentals, Inc. v. Willis
Injunction under Shipowner's Limitation of Liability Act was overly broad where it prevented plaintiff from pursuing claims against parties that had not established any right to limitation.
Torts 9th Jan. 17, 2024
Best Carpet Values, Inc. v. Google LLC
Website owners have no cognizable property interest in copies of their website that can serve as the foundation for a trespass to chattels claim.
Torts 9th Jan. 12, 2024
Gilead Tenofovir Cases
Plaintiffs injured by pharmaceutical were entitled to pursue claim of negligence rather than strict products liability and did not need to prove the drug was defective to pursue that claim.
Torts 1DCA/4 Jan. 11, 2024
Modification: In re Essure Product Cases
Although plaintiff was an employee welfare benefit plan administrator, its state law tort claims did not relate to ERISA, and therefore were not preempted by ERISA.
Torts 1DCA/3 Jan. 11, 2024
In re Essure Product Cases
Although plaintiff was an employee welfare benefit plan administrator, its state law tort claims did not relate to ERISA, and therefore were not preempted by ERISA.
Torts 1DCA/3 Dec. 26, 2023
Yalung v. State of California
Sustaining demurrer was appropriate because there was no basis for finding the State was a vicariously liable joint employer of an In-Home Supportive Services provider directly hired by the recipient.
Torts 5DCA Dec. 22, 2023
Miller v. Pacific Gas & Electric Co.
Because evidence established that utility company's metal plate cover over a sidewalk did not pose a substantial risk of injury, trivial defect doctrine barred injured pedestrian's lawsuit.
Torts 1DCA/3 Dec. 20, 2023
Gutierrez v. Tostado
One-year statute of limitations for healthcare providers' negligence while rendering professional services barred personal injury claims for ambulance crash even though the plaintiff was not the recipient of the services.
Torts 6DCA Dec. 5, 2023
Rattary v. Favro
New trial was warranted after jury was improperly instructed that defendant could not be held liable unless he had increased risk to the firefighters "beyond the risk that's inherent to their job."
Torts 1DCA/4 Dec. 1, 2023
Tran v. Nguyen
Plaintiff could pursue civil extortion claim against ex-wife who blackmailed him to keep her silent about the existence of their child because threats to person's character constituted "menace" under the Civil Code.
Torts 4DCA/3 Nov. 30, 2023
Jones v. Regents of the University of California
Workers' compensation was the exclusive remedy for university employee who was injured on campus while riding her bike home from work, based on the premises line rule.
Torts 4DCA/3 Nov. 29, 2023
Nicoletti v. Kest
Apartment complex owner did not owe a duty to injured woman since running rainwater on a concrete driveway was an obvious dangerous condition.
Torts 2DCA/8 Nov. 15, 2023
Jones v. Ford Motor Company
An invasion of privacy, without more, is insufficient to meet the statutory injury requirements of the Washington Privacy Act.
Torts 9th Oct. 30, 2023
The Irvine Co. v. Superior Court (Demirelli)
Defendant parking structure's retention of security services did not create a duty to plaintiff who fell off the structure while intoxicated.
Torts 4DCA/3 Oct. 26, 2023
Acosta v. MAS Realty, LLC
Commercial building's owner and management company were not liable for injuries to independent electrician because the contractor failed to find the dangerous conditions a reasonable inspection would have revealed.
Torts 2DCA/3 Oct. 23, 2023
Glynn v. Orange Circle Lounge Inc.
Bar's duty to patrons did not extend to a patron who was involved in a bar fight, but died fighting the same assailants in a fight an hour later, a block away.
Torts 4DCA/3 Oct. 3, 2023
The Law Firm of Fox and Fox v. Chase Bank
Bank owed a duty to law firm that was to be paid from blocked account that required court order for withdrawals.
Torts 2DCA/7 Sep. 6, 2023
A.S. v. Palmdale School District
Complaint form presented to school district that did not mention monetary damages or attempt to estimate value of claim did not comply with the requirements of the Government Claims Act.
Torts 2DCA/8 Aug. 29, 2023
Safechuck v. MJJ Productions, Inc.
Michael Jackson's wholly owned corporation had a legal duty to protect the two children it employed from molestation at the hands of Jackson.
Torts 2DCA/8 Aug. 22, 2023
Global Master Int'l Group, Inc. v. Esmond Natural Inc.
Chinese company had racketeering domestic injury standing because the injury arose in the U.S., even though U.S. company's supplements were sold in China.
Torts 9th Aug. 14, 2023