Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D070431
|
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 |
|
P. Benke | Oct. 22, 2018 |
B280928
|
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 |
|
K. Dunning | Oct. 9, 2018 |
D072613
|
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 |
|
R. Huffman | Oct. 1, 2018 |
C076998
|
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 |
|
H. Hull | Sep. 28, 2018 |
G054578
|
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 |
|
R. Ikola | Sep. 25, 2018 |
A146060
|
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 |
|
E. Schulman | Sep. 25, 2018 |
16-17347
|
Freestream Aircraft v. Aero Law Group
'Paccar' rule for personal jurisdiction appropriate where intentional tort was committed within forum state. |
Torts |
|
J. Nguyen | Sep. 19, 2018 |
S232754
|
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 |
|
L. Kruger | Aug. 28, 2018 |
A146060
|
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 |
|
E. Schulman | Aug. 27, 2018 |
B279272
|
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 |
|
H. Bendix | Aug. 20, 2018 |
A142418
|
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 |
|
T. Reardon | Aug. 15, 2018 |
G052934
|
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 |
|
R. Ikola | Aug. 10, 2018 |
D072549
|
Anselmo v. Grossmont-Cuyamaca Com. College Dist.
Field trip immunity does not preclude liability of school district hosting intercollegiate sporting event. |
Torts |
|
P. Benke | Aug. 7, 2018 |
C084870
|
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 |
|
E. Duarte | Aug. 6, 2018 |
A147928
|
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 |
|
J. Humes | Aug. 3, 2018 |
17-15021
|
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 |
|
S. Ikuta | Jul. 31, 2018 |
C082306
|
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 |
|
R. Robie | Jul. 19, 2018 |
S235357
|
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 |
|
C. Corrigan | Jul. 6, 2018 |
E066265
|
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 |
|
D. Miller | Jun. 20, 2018 |
F073934
|
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 |
|
K. Meehan | May 23, 2018 |
16-35203
|
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 |
|
M. Hawkins | May 8, 2018 |
A149494
|
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 |
|
S. Pollak | Apr. 16, 2018 |
B277951
|
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 |
|
B. Currey | Mar. 27, 2018 |
B275845
|
Wilson v. Southern California Edison Co.
Potential of harm due to stray voltage may support plaintiff's nuisance claim, where plaintiff is neighbor of electrical substation. |
Torts |
|
T. Willhite | Mar. 27, 2018 |
S230568
|
Regents of the University of California v. Superior Court (Los Angeles)
Based on special relationship doctrine, colleges owe students duty of care to protect them from 'foreseeable violence during curricular activities.' |
Torts |
|
C. Corrigan | Mar. 23, 2018 |
B270487
|
Modification: Redfearn v. Trader Joe's Company
Intentional interference of contractual relations tort may be successfully brought even against nonparty whose performance is contemplated in sued-over contract. |
Torts |
|
D. Perluss | Mar. 20, 2018 |
B283816
|
Klean W. Hollywood, LLC v. Superior Court
Treatment facility which undertook reasonable measures to prevent drug use not liable for injuries to voluntary resident who surreptitiously obtained and consumed heroin |
Torts |
|
N. Manella | Mar. 9, 2018 |
F073398
|
Leyva v. Garcia
Where defendant shows causation is uncertain and plaintiff offers no further evidence, summary judgment in negligence proper as causation element 'remained an unknown matter.' |
Torts |
|
R. Peña | Mar. 5, 2018 |
B279275
|
Sakai v. Massco Investments, LLC
Intervening conduct by a third party that is not a likely hazard which causes injury is unforeseeable under 'Rowland' |
Torts |
|
J. Johnson | Mar. 5, 2018 |
B270487
|
Redfearn v. Trader Joe's Company
Intentional interference of contractual relations tort may be successfully brought even against nonparty whose performance is contemplated in sued-over contract. |
Torts |
|
D. Perluss | Mar. 1, 2018 |