Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B331247
|
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 |
|
E. Grimes | Sep. 24, 2024 |
C098433
|
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 |
|
H. Hull | Sep. 12, 2024 |
G063021
|
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 |
|
E. Moore | Sep. 12, 2024 |
E081025
|
Huntsman-West Foundation v. Smith
Trial court properly granted summary judgment for defendant, who had no control over premises on which plaintiffs' property was stored and eventually lost. |
Torts, Evidence |
|
D. Miller | Sep. 10, 2024 |
S272113
|
Rattagan v. Uber Technologies, Inc.
A plaintiff may assert a fraudulent concealment claim arising from the performance of a contract if the elements of the claim can be established independently and the tortious conduct exposes plaintiff to a risk of harm beyond the parties' reasonable contemplation. |
Torts, Contracts |
|
C. Corrigan | Aug. 23, 2024 |
23-55299
|
Ratha v. Rubicon Resources LLC
The Abolish Trafficking Reauthorization Act does not apply to events that occurred before its enactment. |
Civil Procedure, Torts |
|
S. Ikuta | Aug. 1, 2024 |
S280322
|
Downey v. City of Riverside
Plaintiffs asserting bystander emotional distress claims are not required to show contemporaneous perception of the causal link between defendant's conduct and victim's injuries. |
Torts |
|
L. Kruger | Jul. 23, 2024 |
A166793
|
Bowen v. Burns & McDonnell Engineering Co. Inc.
Trial properly granted summary judgment where independent contractor raised no triable issue as to whether hirer affirmatively contributed to his injury. |
Torts |
|
T. Desautels | Jul. 17, 2024 |
D083130
|
Modification: CBRE v. Superior Court (Johnson)
In a *Privette* delegation analysis, trial court erred by focusing on the timing of the execution of the contract, rather than the delegation implicit in turning over control of the work site. |
Torts |
|
J. Castillo | Jul. 2, 2024 |
23-50
|
Chiaverini v. City of Napoleon
The presence of probable cause for one charge did not categorically defeat a Fourth Amendment malicious prosecution claim for an additional charge. |
Torts |
|
E. Kagan | Jun. 21, 2024 |
22-1025
|
Gonzalez v. Trevino
The existence of probable cause does not defeat a plaintiff's claim for retaliatory arrest if evidence of a lack of arrests under the prohibition is produced. |
Torts |
|
P. Curiam (USSC) | Jun. 21, 2024 |
21-55517
|
Himes v. Somatics, LLC
Under the learned intermediary doctrine, a patient may establish causation in a failure-to-warn case where a prudent person would have declined the treatment had the physician communicated the stronger warning. |
Torts |
|
J. Groban | Jun. 21, 2024 |
B329282
|
Chavez v. Alco Harvesting, LLC
Plaintiff properly pleaded that defendant fraudulently concealed, and exposed its employees to, COVID-19 outbreak. |
Torts |
|
T. Cody | Jun. 18, 2024 |
D081689
|
Audish v. Macias
Trial court did not abuse its discretion by admitting limited evidence about plaintiff's future eligibility for Medicare and expected amounts Medicare might pay for future medical services. |
Evidence, Torts |
|
J. McConnell | Jun. 10, 2024 |
D083130
|
CBRE v. Superior Court (Johnson)
In a *Privette* delegation analysis, trial court erred by focusing on the timing of the execution of the contract, rather than the delegation implicit in turning over control of the work site. |
Torts |
|
J. Castillo | Jun. 6, 2024 |
B322729
|
A.L. v. Harbor Developmental Disabilities Foundation
Regional Center had no duty to protect disabled individual from sexual assault by third-party vendor employee where employee had no previous history of questionable behavior. |
Torts |
|
B. Hoffstadt | Jun. 3, 2024 |
E082481
|
San Antonio Regional Hospital v. Superior Court (Musharbash)
Proffered declaration of nurse anesthetist was insufficient to demonstrate triable issue of fact regarding standard of care for a medical context outside her area of expertise. |
Health Care, Torts |
|
M. Raphael | May 30, 2024 |
22-56216
|
Jane Doe v. Fitzgerald
A mandatory stay for a civil action under the Trafficking Victims Protection Reauthorization Act does not require the defendant be named in the corresponding criminal action. |
Torts, Criminal Law and Procedure |
|
S. Ikuta | May 28, 2024 |
A162561
|
Williams v. J-M Manufacturing Company
In an asbestos secondary exposure case, limitation on bystander liability in negligence cases did not apply in strict products liability context where focus was on foreseeability of use, rather than duty of care. |
Torts |
|
M. Miller | May 24, 2024 |
B321882
|
Shikha v. Lyft, Inc.
Lyft's legal duty to its drivers does not extend to conducting criminal background checks on all riders seeking to use the service. |
Torts |
|
R. Adams | May 21, 2024 |
B323237
|
Holland et al. v. Silverscreen Healthcare, Inc.
Trial court erred by denying nursing facility's petition to compel arbitration as to decendent's parents' wrongful death cause of action. |
Arbitration, Torts |
|
J. Ashmann-Gerst | May 14, 2024 |
B320603
|
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 |
|
J. Wiley | Apr. 4, 2024 |
B309295
|
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 |
|
J. Wiley | Apr. 1, 2024 |
A164480
|
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 |
|
T. Jackson | Mar. 5, 2024 |
B323186
|
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 |
|
B. Hoffstadt | Feb. 26, 2024 |
A164483
|
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 |
|
C. Fujisaki | Feb. 15, 2024 |
B324831
|
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 |
|
E. Grimes | Feb. 13, 2024 |
A164480
|
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 |
|
T. Jackson | Feb. 2, 2024 |
A165558
|
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 |
|
J. Goldman | Feb. 2, 2024 |
B323186
|
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 |
|
B. Hoffstadt | Jan. 26, 2024 |