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Name Category Published
Comcast Corp. v. National Assn. of African-American Owned Media
A 42 U.S.C. Section 1981 plaintiff continuously bears the burden of showing that plaintiff's race was a 'but-for' cause of its injury. 		Torts USSC Mar. 24, 2020
Winter v. Gardens Regional Hospital and Medical Center
To be actionable under the False Claim Act, clinical judgments and opinions do not require objective falsehood. 		Torts 9th Mar. 24, 2020
K.G. v. S.B.
Providing family members with financial support does not establish a special relationship that imposes a duty on the party providing support to exercise care. 		Torts 4DCA/1 Mar. 17, 2020
McHenry v. Asylum Entertainment Delaware, LLC
Superior court correctly ruled that plaintiff's Jones Act claim against production company failed as a matter of law because plaintiff was neither an employee nor 'borrowed' servant of the company. 		Torts 2DCA/2 Mar. 16, 2020
Modification: Summer J. v. United States Baseball Federation
Stadium owners have a duty to take reasonable measures that would increase safety and minimize inherent risks without altering the nature of the game. 		Torts 2DCA/7 Mar. 10, 2020
Zhang v. Chu
To prove malice in malicious prosecution claim, plaintiff must show defendant acted for purposes unrelated to merits of underlying claim. 		Torts 2DCA/8 Mar. 9, 2020
Madani v. Rabinowitz
Because next-door neighbor's fence was a continuing encroachment, plaintiff's claims for trespass and nuisance based on fence's encroachment were not barred by statute of limitations. 		Torts 2DCA/4 Feb. 26, 2020
Summer J. v. United States Baseball Federation
Stadium owners have a duty to take reasonable measures that would increase safety and minimize inherent risks without altering the nature of the game. 		Torts 2DCA/7 Feb. 20, 2020
Soto v. Union Pacific Railroad Co.
Defendant cannot be held liable for a dangerous condition of property it did not own or control even with expressed easement rights to the property. 		Torts 2DCA/7 Feb. 18, 2020
Alaniz v. Sun Pacific Shippers, L.P.
Trial court prejudicially erred when it omitted 'Privette and Hooker' doctrine limitations from its instructions on negligence and premises liability. 		Torts 2DCA/6 Feb. 6, 2020
Thimon v. City of Newark
City was not liable for creating dangerous condition of public property when victim was hit by driver in crosswalk because there was no history of collisions involving pedestrians in 10 years. 		Torts 1DCA/2 Jan. 29, 2020
Hedayatzadeh v. City of Del Mar
No liability for city not erecting a pedestrian barrier preventing the public from willfully accessing hazardous areas. 		Torts 4DCA/1 Jan. 24, 2020
Roger v. County of Riverside
Government Claims Act prohibited respondent from using 'timeliness' defense in litigation because respondent failed to notify complainant of defect in claim as required. 		Torts 4DCA/2 Jan. 24, 2020
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 2DCA/4 Jan. 24, 2020
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 2DCA/3 Jan. 13, 2020
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 3DCA Dec. 30, 2019
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 4DCA/2 Dec. 23, 2019
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 6DCA Dec. 17, 2019
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 2DCA/6 Dec. 10, 2019
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 1DCA/1 Nov. 29, 2019
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 2DCA/6 Nov. 19, 2019
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 2DCA/7 Nov. 7, 2019
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 2DCA/7 Nov. 6, 2019
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 1DCA/5 Nov. 1, 2019
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 2DCA/8 Oct. 18, 2019
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 9th Oct. 11, 2019
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 2DCA/7 Oct. 10, 2019
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 1DCA/5 Oct. 1, 2019
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 2DCA/6 Oct. 1, 2019
Jones v. Awad
To attach premises liability to an owner, the owner must have either actual or constructive knowledge of the dangerous condition. 		Torts 5DCA Sep. 19, 2019
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