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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
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
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