Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B288031
|
LAOSD Asbestos Cases
Appellants' documents in opposition to respondent's expert's conclusion that respondent's talcum powder did not contain asbestos did not have 'specific facts' necessary to raise triable issue of material fact. |
Torts |
|
K. Dunning | Jan. 24, 2020 |
B291112
|
Bingener v. City of Los Angeles
'Going and coming rule' under respondeat superior theory prevented employer from being held vicariously liable when employee hit and killed pedestrian while driving to work in his personal vehicle. |
Torts |
|
A. Jones | Jan. 13, 2020 |
C088360
|
Union Pacific Railroad Co. v. Ameron Pole Products LLC
Showing that respondent was not a cause-in-fact of car accident was not tantamount to showing that respondent was not a cause-in-fact of motorist's injuries. |
Torts |
|
J. Renner | Dec. 30, 2019 |
E071694
|
City of Desert Hot Springs v. Valenti
Trial court applied improper legal standard to City's motion for appointment of receiver for nuisance by not addressing requirements in Health and Safety Code Section 17980.7(c), and instead addressing plan's economic viability. |
Torts |
|
A. McKinster | Dec. 23, 2019 |
H045577
|
Kim v. County of Monterey
Triable issues exist where reasonable jury could find defendants' staging of racing event was "severe departure" from contractual obligations. |
Torts |
|
A. Danner | Dec. 17, 2019 |
B297195
|
Modification: Presbyterian Camp & Conference Centers, Inc. v. Superior Court
Corporations can be held vicariously liable for causing brush fires under Health and Safety Code Sections 13009 and 13009.1; CalFire may recover fire suppression and investigation costs. |
Torts |
|
M. Tangeman | Dec. 10, 2019 |
A154245
|
Berg v. Colgate-Palmolive Co.
Plaintiffs did not present sufficient evidence to create a triable issue of whether defendant's products to which plaintiff was exposed actually contained asbestos. |
Torts |
|
J. Humes | Nov. 29, 2019 |
B297195
|
Presbyterian Camp & Conference Centers, Inc. v. Superior Court
Corporations can be held vicariously liable for causing brush fires under Health and Safety Code Sections 13009 and 13009.1; CalFire may recover fire suppression and investigation costs. |
Torts |
|
M. Tangeman | Nov. 19, 2019 |
B280550M
|
Modification: Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies. |
Torts |
|
G. Feuer | Nov. 7, 2019 |
B280550
|
Modification: Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies. |
Torts |
|
G. Feuer | Nov. 6, 2019 |
A152887
|
Lopez v. The Hillshire Brands Co.
CACI No. 435 is appropriate to determine causation in an asbestos case; whether the defendant is a manufacturer or premises owner is irrelevant. |
Torts |
|
H. Needham | Nov. 1, 2019 |
B290509
|
Dobbs v. City of Los Angeles
Trial court rightly found that public employee reasonably exercised discretionary authority when approving bollards to protect convention center from car bombs; thus, design immunity defense to personal injury claim was satisfied. |
Torts |
|
J. Wiley | Oct. 18, 2019 |
17-17432
|
Kim v. U.S.
When tortfeasors have adopted a technical policy to evaluate the hazards caused by trees, the discretionary function of the Federal Tort Claims Act may not apply to dismiss the case. |
Torts |
|
D. O'Scannlain | Oct. 11, 2019 |
B280550
|
Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies. |
Torts |
|
G. Feuer | Oct. 10, 2019 |
A154405
|
Ghezavat v. Harris
CACI No. 724 adequately explained to jury that joint owner of truck was not liable for negligent entrustment if he did not permit tortfeasor's use. |
Torts |
|
G. Burns | Oct. 1, 2019 |
B290498M
|
Modification: Mancini & Associates v. Schwetz
Civil Code Section 47(b) litigation privilege did not bar plaintiff's claims because defendant engaged in a course of tortious conduct depriving plaintiff of attorney fees. |
Torts |
|
A. Gilbert | Oct. 1, 2019 |
F077359
|
Jones v. Awad
To attach premises liability to an owner, the owner must have either actual or constructive knowledge of the dangerous condition. |
Torts |
|
D. Franson | Sep. 19, 2019 |
G055602
|
Crouch v. Trinity Christian Center of Santa Ana, Inc.
Flying into tirade at 13-year-old girl who had been drugged and raped and yelling at her that she was stupid and it was her fault was sufficiently extreme and outrageous to impose liability. |
Torts |
|
R. Fybel | Sep. 16, 2019 |
B290498
|
Mancini & Associates APLC v. Schwetz
Civil Code Section 47(b) litigation privilege did not bar plaintiff's claims because defendant engaged in a course of tortious conduct depriving plaintiff of attorney fees. |
Torts |
|
A. Gilbert | Sep. 5, 2019 |
18-35908
|
Stephens v. Union Pacific Railroad
Plaintiff failed to create a genuine issue of fact on whether any asbestos exposure that might have occurred was a substantial factor in causing his disease, so his negligence claim failed. |
Torts |
|
E. Miller | Aug. 29, 2019 |
A151698
|
Churchman v. Bay Area Rapid Transit Dist.
Train operator did not owe passenger heighted duty of care under Civil Code Section 2100 because her injuries were caused by ordinary risks of busy train platform. |
Torts |
|
G. Burns | Aug. 29, 2019 |
S241812
|
Voris v. Lampert
Conversion claim is not an appropriate remedy for nonpayment of wages, and Legislature's remedial scheme should not be modified to include conversion as a remedy. |
Torts |
|
L. Kruger | Aug. 16, 2019 |
B285630
|
Pina v. County of Los Angeles
When a medical witness' testimony is permitted for the limited purpose of impeachment, any additional contradicting medical opinions presented will be considered prejudicial error. |
Torts |
|
N. Manella | Aug. 9, 2019 |
C081345
|
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 |
|
W. Murray | Aug. 9, 2019 |
B289003
|
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 |
|
J. Wiley | Aug. 6, 2019 |
B282946
|
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 |
|
J. Wiley | Jul. 31, 2019 |
E070213
|
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 |
|
R. Fields | Jul. 29, 2019 |
B285586
|
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 |
|
G. Weingart | Jul. 26, 2019 |
B287614
|
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 |
|
L. Baker | Jul. 25, 2019 |
B276699
|
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 |
|
T. Bigelow | Jul. 19, 2019 |