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Martinez v. Deptartment of Health Care Services
Noneconomic damages may not exceed the maximum under MICRA where medical and noneconomic costs in a medical malpractice tort settlement are not allocated. 		Torts 2DCA/6 Jan. 16, 2018
Corvus Energy Ltd. v. 1169997 Ontario Ltd.
An indemnity suit against a settling co-defendant is not permissible where the allocation of property damages is governed by the proportionate share approach. 		Torts 9th Dec. 28, 2017
Turley v. Familian Corp.
Circumstantial evidence may sufficiently establish the required 'exposure' element of an asbestos-related injury cause of action. 		Torts 1DCA/2 Dec. 27, 2017
T.H. v. Novartis Pharmaceuticals Corporation
Notwithstanding drugmaker no longer made or sold brand-name drug when it allegedly harmed plaintiff who took drug's generic version, foreseeability and other 'Rowland' factors provide basis for possible failure to warn claim against original drugmaker. 		Torts 4DCA/1 Dec. 22, 2017
Rossetta v. CitiMortgage, Inc., et al.
A mortgage lender's policy making default a condition for loan modification consideration informs the duty of care analysis under 'Biakanja' 		Torts 3DCA Dec. 20, 2017
So. CA Gas Leak Cases
A special relationship does not exist absent privity between the parties sufficient to establish a duty of care under 'Biakanja.' 		Torts 2DCA/5 Dec. 19, 2017
QDOS Inc. v. Signature Financial LLC
A customer's payment with a third-party check, by itself, does not create a merchant's duty of care to investigate under the policy considerations enumerated in 'Biakanja' and 'Rowland.' 		Torts 2DCA/2 Dec. 1, 2017
Cornell v. City and County of San Francisco
San Francisco fails to overturn verdict favoring police officer trainee who lost his job after police officers unlawfully arrested him during run at Golden Gate Park. 		Torts 1DCA/4 Nov. 20, 2017
Modification: Cornell v. City and County of San Francisco
San Francisco fails to overturn verdict favoring police officer trainee who lost his job after police officers unlawfully arrested him during run at Golden Gate Park. 		Torts 1DCA/4 Nov. 20, 2017
People v. ConAgra Grocery Products Co.
Where record shows defendants ceased promoting indoor residential use of lead paint after 1950, evidence insufficient to require defendants to remediate homes built after that point and containing lead paint. 		Torts 6DCA Nov. 16, 2017
Medley Capital Corporation v. Security National Guaranty, Inc et al.
Voluntary dismissal of the prior action may constitute the 'favorable termination' requirement in a malicious prosecution proceeding. 		Torts 1DCA/2 Nov. 15, 2017
Vasilenko v. Grace Family Church
Church's siting of offsite parking abutting public street insufficient to confer duty to prevent injuries sustained by churchgoer as he crossed street. 		Torts CASC Nov. 14, 2017
Oregon State University v. Superior Court (Sutherland)
Oregon's claims notice provision entitled to full faith and credit, warranting vacatur of trial court's order overruling state university's demurrer of injured Californian's tort claims. 		Torts 4DCA/1 Nov. 9, 2017
Lichtman v. Siemens Industry Inc.
Summary judgment in favor of defendant reversed where defendant, which is not in privity with plaintiff, fails to show absence of duty of care. 		Torts 2DCA/5 Nov. 6, 2017
Foltz v. Johnson
Primary assumption of the risk doctrine properly applied to bar negligence claim against coparticipant in case where plaintiff suffers paralyzing spinal injury in dirt bike accident. 		Torts 2DCA/4 Oct. 27, 2017
Stewart v. Superior Court (St. Joseph's Health)
In case alleging death following unnecessary pacemaker surgery, trial court errs in summarily adjudicating elder abuse cause of action. 		Torts 4DCA/2 Oct. 13, 2017
Johnson v. Open Door Community Health Center
Patient’s personal injury action against healthcare provider not subject to MICRA’s shorter, one-year limitations period where action did not involve rendering of professional care. 		Torts 1DCA/4 Sep. 13, 2017
Grotheer v. Escape Adventures Inc.
Summary judgment properly granted in favor of balloon tour company and pilot, albeit on different ground, absolving them of liability for injuries from crash landing. 		Torts 4DCA/2 Sep. 5, 2017
Major v. R.J. Reynolds Tobacco Co.
Cigarette manufacturer cannot escape liability for smoker’s death from lung cancer by arguing federal preemption, which must be rejected for lack of evidentiary support. 		Torts 2DCA/8 Sep. 1, 2017
Mahan v. Charles W. Chan Insurance Agency Inc.
On rehearing, elderly couple may proceed with financial elder abuse and related claims against insurance advisors that allegedly took advantage of their cognitive issues. 		Torts 1DCA/4 Aug. 28, 2017
Jacobs v. Coldwell Banker Residential Brokerage Co.
Seller defeats potential buyer’s negligence claim on summary judgment where plaintiff failed to properly plead additional theory of liability. 		Torts 2DCA/6 Aug. 15, 2017
Taylor v. Trimble
Host not liable for drowning death of child guest where, although host initially assumed supervision of child, child’s grandfather thereafter assumed responsibility and did not relinquish it. 		Torts California Courts of Appeal Jul. 28, 2017
David v. Hernandez
Truck driver fails to overturn judgment stemming from PCH crash by challenging evidentiary ruling and jury’s damages award for crash victim’s future shoulder surgeries. 		Torts California Courts of Appeal Jul. 26, 2017
Demara v. The Raymond Corp.
Trial court’s erroneous summary judgment ruling overturned, allowing warehouse employee injured by special order forklift to pursue products liability claim against manufacturer. 		Torts California Courts of Appeal Jul. 20, 2017
Swigart v. Bruno
Primary assumption of risk bars experienced horseback rider’s claims against fellow rider for injuries suffered during an organized endurance riding event. 		Torts California Courts of Appeal Jul. 18, 2017
Petitpas v. Ford Motor Co.
Plaintiffs unsuccessful in challenging defense verdicts and rulings in case alleging mesothelioma resulting from asbestos exposure. 		Torts California Courts of Appeal Jul. 7, 2017
Trejo v. Johnson & Johnson
Ibuprofen manufacturer wins new trial due to jury’s inconsistent verdicts on negligent failure to warn and strict liability failure to warn. 		Torts California Courts of Appeal Jul. 3, 2017
Van Audenhove v. Perry
On question of first impression, arrest without any formal charges will not support claim for malicious prosecution. 		Torts Jun. 14, 2017
Brenner v. Universal Health Services of Rancho Springs Inc.
Summary adjudication of statutory retaliation claim in favor of doctor and hospital upheld where wife lacked standing to assert action regarding late husband's care. 		Torts Jun. 8, 2017
Gillotti v. Stewart
In construction defect lawsuit brought under Right to Repair Act, homeowner fails to overturn favorable judgment against grading subcontractor for tree damage. 		Torts May 22, 2017
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