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University of Southern California v. Superior Court
University does not maintain a special relationship, for duty of care purposes, with an invitee injured at an off-campus party when it does not maintain possession or control of the property. 		Torts 2DCA/4 Dec. 21, 2018
Modisette v. Apple Inc.
'Consequences to community' would be 'too great' were court to find Apple owed duty of care to those injured or killed by distracted iPhone users behind the wheel. 		Torts 6DCA Dec. 18, 2018
Regents of the University of California v. Superior Court
University owes 'ordinary person' standard of care to student; reasonable trier of fact could have found school breached that standard where school knew of mentally-disturbed student's potential danger to classmates before student stabbed classmate. 		Torts 2DCA/7 Dec. 5, 2018
Mayall v. USA Water Polo
Under California's 'primary assumption of risk' doctrine, secondary head injuries are not 'inherent in the sport' of water polo; thus liability possible. 		Torts 9th Nov. 29, 2018
Olive v. General Nutrition Centers, Inc.
Prevailing party is party who recovered 'greater relief;' thus, abuse of discretion when trial court found there was no prevailing party after plaintiff recovered damages because jury awarded a 'middling sum.' 		Torts 2DCA/4 Nov. 6, 2018
Sagadin v. Ripper
A negligence cause of action was pursued against social hosts under Business and Professions Code section 25658, which makes it a misdemeanor to furnish alcohol to a person under 21 years of age. The court held that the 1978 legislation applies prospectively only and consequently does not immunize social hosts found civilly liable for injuries resulting from an accident occurring before the January 1, 1979, effective date of the legislation. 		Torts 3DCA Nov. 2, 2018
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 Oct. 24, 2018
Sandoval v. Qualcomm Inc.
No instructional error when jury was not specifically instructed that, to be liable, defendant must have 'affirmatively contributed' to plaintiff's injury, because the instructions given were an accurate reflection of the law. 		Torts 4DCA/1 Oct. 22, 2018
Ruiz v. Musclewood Investment Properties
Under Civil Code Section 54.3(a) public sidewalks are considered a public facility in which a disabled individual cannot be deprived of using by any person(s), firm or corporation. 		Torts 2DCA/5 Oct. 9, 2018
Jabo v. YMCA of San Diego Co.
Summary judgment properly granted where YMCA's rental of field to non-member did not create statutory duty of care under 'health or fitness studio' provision of Health and Safety Code. 		Torts 4DCA/1 Oct. 1, 2018
Martine v. Heavenly Valley L.P.
Appellant's common carrier argument failed because rescue patrollers, at a patroller's discretionary election, transport injured skiers to the bottom of the mountain without any apparent compensation. 		Torts 3DCA Sep. 28, 2018
Ayon v. Esquire Deposition Solutions
Summary judgment may not be denied solely on the basis of the credibility of the moving party's witnesses. 		Torts 4DCA/3 Sep. 25, 2018
Modification: Williams v. The Pep Boys
A trial court erred in failing to award damages for the costs of providing home health services to decedent where he was cared for at home. 		Torts 1DCA/4 Sep. 25, 2018
Freestream Aircraft v. Aero Law Group
'Paccar' rule for personal jurisdiction appropriate where intentional tort was committed within forum state. 		Torts 9th Sep. 19, 2018
Kim v. Toyota Motor Corp.
For purposes of helping jury decide 'risk-benefit' strict liability design defect test, evidence of industry custom may be admissible where it is shown to be relevant to at least one element of the test. 		Torts 2DCA/7 Aug. 28, 2018
Williams v. The Pep Boys
A trial court erred in failing to award damages for the costs of providing home health services to decedent where he was cared for at home. 		Torts 1DCA/4 Aug. 27, 2018
Webster v. Claremont Yoga
Suit against yoga instructor properly governed by professional negligence rules; thus, uncontradicted expert declaration sufficient to support defendants' summary judgment motion. 		Torts 2DCA/1 Aug. 20, 2018
Hass v. RhodyCo Productions
Under the primary assumption of risk doctrine defendants have duty to use due care not to increase the risks to a participant over and above those inherent in the sport. 		Torts 1DCA/4 Aug. 15, 2018
Cochrum v. Costa Victoria Healthcare, LLC
A trial court properly granted a judgment notwithstanding the verdict where insufficient evidence was presented showing alleged elder abuse was reckless. 		Torts 4DCA/3 Aug. 10, 2018
Anselmo v. Grossmont-Cuyamaca Com. College Dist.
Field trip immunity does not preclude liability of school district hosting intercollegiate sporting event. 		Torts 4DCA/1 Aug. 7, 2018
Jones v. Sorenson
'Gardener' differs from 'nurseryperson' under Business and Professions Code section; where gardener did not possess required contractor's license to perform certain work, hired help may sue contractor's employer via respondeat superior theory. 		Torts 3DCA Aug. 6, 2018
Staats v. Vintner's Golf Club, LLC
Gold course operator has duty of care to protect patrons from underground yellow jacket swarm where attack was "reasonably foreseeable," and policy factors favor application of duty. 		Torts 1DCA/1 Aug. 3, 2018
Tunac v. U.S.
Accrual of medical malpractice claim under Federal Tort Claims Act occurs where plaintiff knew or reasonably should have known the cause of the injury. 		Torts 9th Jul. 31, 2018
Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC
A trial court properly granted a defendant's summary judgment motion where the injured plaintiff signed a liability waiver as part of a season pass agreement to a mountain ski area. 		Torts 3DCA Jul. 19, 2018
Lopez v. Sony Electronics, Inc.
Trial court erred when it granted summary judgment where a minor claim fell under the toxic exposure statute, which tolls during minority, instead of the six-year statute of limitations provided by the prenatal injury statute. 		Torts 2DCA/8 Jul. 6, 2018
Michele Coyle v. Historic Mission Inn Corporation
A trial court erred when it ruled that a restaurant had no duty to use reasonable care because, under 'Kesner', premises liability duty "is adherence to the same standard of care that applies in negligence cases." 		Torts 4DCA/2 Jun. 20, 2018
Doe v. Good Samaritan Hospital
Summary judgment improper where expert's opinion that hospital met its standard of professional care was conclusory and devoid of any facts supporting opinion. 		Torts 5DCA May 23, 2018
Daniel v. U.S.
‘Feres’ doctrine bars tort claim arising from medical military hospital’s treatment of active servicewoman’s pregnancy condition, which was unrelated to military service. 		Torts 9th May 8, 2018
Novak v. Continental Tire North America
Summary judgment affirmed where injury suffered is distantly and indirectly connected to negligent act and where harm is unforeseeable. 		Torts 1DCA/3 Apr. 16, 2018
Arvizu v. City of Pasadena
City is immune from liability arising from injuries caused by its unpaved park trail where the trail is used for recreational purposes. 		Torts 2DCA/3 Mar. 27, 2018
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