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Potocki v. Wells Fargo Bank, N.A.
Plaintiffs stated a claim under Homeowner Bill of Rights Section 2923.6(f) because Wells Fargo's explanation for denying Home Affordable Modification Program modification was insufficient to sustain a demurrer. 		Torts 3DCA Aug. 9, 2019
Sheen v. Wells Fargo Bank, N.A.
Lenders owe no common law duty to offer, consider, or approve loan modifications, so plaintiff's negligence claim was properly dismissed. 		Torts 2DCA/8 Aug. 6, 2019
Modification: Baker-Smith v. Skolnick
An excuse jury instruction under theory of negligence per se is improper unless special circumstances exist; legal error warranted reversal of judgment. 		Torts 2DCA/8 Jul. 31, 2019
Huckey v. City of Temecula
Under the trivial defect doctrine, a defect in a sidewalk is trivial as a matter of law when the defect is slight and creates no risk of serious injury. 		Torts 4DCA/2 Jul. 29, 2019
Adhav v. Midway Rent A Car, Inc.
Defendants engaged in no illegal or fraudulent conduct in their dealings with plaintiffs who purchased optional insurance coverage for rental vehicles, so plaintiffs' Unfair Competition Law claims failed. 		Torts 2DCA/1 Jul. 26, 2019
Potter v. Alliance United Ins. Co.
Trial court improperly sustained defendant's demurrer because plaintiff stated a proper fraudulent conveyance claim under California's Uniform Voidable Transactions Act. 		Torts 2DCA/5 Jul. 25, 2019
Doe v. Dept. of Children & Family Services
Nonsuit was proper because plaintiff's evidence failed to establish private defendants had duty to protect plaintiff from third-parties' crimes, and county defendants' breaches of mandatory duties were not proximate cause of harm. 		Torts 2DCA/8 Jul. 19, 2019
Williams v. Fremont Corners, Inc.
Under California law, landowners are required to maintain land in their possession and control in a reasonably safe condition, but they have no duty to protect from third party conduct. 		Torts 6DCA Jul. 19, 2019
Baker-Smith v. Skolnick
An excuse jury instruction under theory of negligence per se is improper unless special circumstances exist; legal error warranted reversal of judgment. 		Torts 2DCA/8 Jul. 12, 2019
Johnson & Johnson Talcum Powder Cases
Substantial evidence supported jury's finding that defendant breached duty to warn of risks of ovarian cancer from genital talc use; thus, judgment notwithstanding the verdict partially reversed. 		Torts 2DCA/3 Jul. 12, 2019
Hernandez v. First Student, Inc.
Evidence of a parent's drug use, and how it relates to her relationship with her child, was relevant in determining the damages awarded in wrongful death cause of action. 		Torts 2DCA/8 Jul. 12, 2019
Hernandez v. Enterprise Rent-A-Car Co. of S.F.
No triable issue regarding defendant's liability as a successor in interest of rental car company, because rental car company's asset sale did not destroy plaintiff's remedies against it. 		Torts 1DCA/4 Jul. 10, 2019
Amended Opinion: Doe v. Nestle
Presumption against extraterritoriality applies to claims under the Alien Tort Statute, though alleged domestic contacts in form of 'kickbacks' outside typical business contract may suffice to rebut presumption. 		Torts 9th Jul. 8, 2019
Lewis v. Ukran
When requesting reduction of award of future damages to present value, defendant bears the burden of providing evidence of valid lowered amount. 		Torts 2DCA/4 Jun. 28, 2019
Pneuma International, Inc. v. Cho
Trial court did not err in declining to base California's Unfair Competition Law cause of action on common-law tort of trespass to chattel; thus, judgment was affirmed. 		Torts 1DCA/1 Jun. 26, 2019
DaVinci Aircraft v. U.S.
Property was not seized from plaintiff solely for forfeiture, so sovereign immunity was not rewaived; thus, dismissal of 'Bivens' claims against the United States for lack of subject matter jurisdiction was proper. 		Torts 9th Jun. 13, 2019
Veiseh v. Stapp
Failure to comply with provisions of the California Uniform Transfers to Minors Act does not render grantor's continued possession and control of real property unlawful for purposes of trespass to realty. 		Torts 5DCA Jun. 10, 2019
LAOSD Asbestos Cases
Trial court properly instructed in specific terms under CACI Nos. 1220, 1221, and 1222, relating to plaintiffs' negligence theory supported by the evidence, rather than general terms. 		Torts 2DCA/4 Jun. 7, 2019
Berger v. Varum
The Uniform Voidable Transactions Act supplements, not replaces, common law fraudulent transfer, and plaintiff adequately pled common law fraudulent transfer by alleging specific financial damages resulting from defendants' conduct. 		Torts 1DCA/1 Jun. 5, 2019
Southern Cal. Gas Leak Cases
Plaintiffs' negligence claims for lost earnings stemming from massive gas leak rejected; purely economic losses suffered from mere proximity to industrial accident create intractable line-drawing problems for courts. 		Torts CASC May 31, 2019
Taulbee v. EJ Distribution Corp.
Trial court properly declined to give proposed negligence per se instruction with respect to defendant's driving into gore point because that particular violation of Vehicle Code Section 21651 did not proximately cause collision. 		Torts 4DCA/3 May 22, 2019
Harry v. Ring the Alarm, LLC
Plaintiff was not expressly hired to manage the hazardous condition that injured him; thus, the firefighter's rule does not apply where the risk of injury was not inherent to the plaintiff's occupation. 		Torts 2DCA/4 Apr. 29, 2019
Redlin v. U.S.
If a second claim is deemed to be an amendment, it is untimely if it was mailed after an agency's final decision; thus the district court did not err in dismissing the action. 		Torts 9th Apr. 24, 2019
Burch v. CertainTeed Corp.
Substantial evidence supported jury's finding that defendant intentionally concealed health hazards of asbestos from plaintiff; thus, trial court properly denied defendant's motion for judgment notwithstanding verdict. 		Torts 1DCA/4 Apr. 17, 2019
Grossman v. Santa Monica-Malibu Unified School Dist.
Under Education Code Section 38134(i)(1), school district is not liable for injuries resulting from the negligence of a booster group using school facilities without school district's supervision or input. 		Torts 2DCA/7 Mar. 28, 2019
Barenborg v. Sigma Alpha Epsilon Fraternity
The special relationship exception for duty of care does not apply for a negligence cause of action between a national fraternity and its local chapters 		Torts 2DCA/4 Mar. 21, 2019
Ryan v. Real Estate of the Pacific
Expert opinion is required in professional malpractice claims except when the negligence is obvious to laymen; thus, realtor's failure to disclose information he knew about neighbor's extensive remodeling plans required no expert. 		Torts 4DCA/1 Feb. 28, 2019
Dogan v. Comanche Hills Apartments
'Jameson v. Desta' applies retroactively to cases not final on appeal; requires reversal and new trial in tort action where indigent litigant was denied court reporter fee waiver. 		Torts 4DCA/1 Jan. 23, 2019
Cox v. State of Washington DSHS
Material issues of fact remained as to whether Department of Social and Health Services breached its duty of care when facilitating a social worker-supervised visit where father murdered two young boys. 		Torts 9th Jan. 11, 2019
Moreno v. Visser Ranch, Inc.
Because driver was 'on call' and could respond to maintenance calls immediately, jury could reasonably find driver's use of company truck for personal travel after work benefitted employer under respondeat superior. 		Torts 5DCA Dec. 24, 2018
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