Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
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 |
B270985
|
Delgadillo v. Television Center, Inc.
Under 'Seabright,' hirer delegates to independent contractor responsibility to comply with statutory or regulatory safety requirements applicable to contractor's work. |
Torts |
|
L. Edmon | Mar. 1, 2018 |
D071312
|
Lane v. Bell
A partial victory in an underlying action by a plaintiff alleging malicious prosecution does not satisfy the favorable termination element where the defendant also obtained a partial victory. |
Torts |
|
W. Dato | Feb. 2, 2018 |
G054724
|
O'Malley v. Hospitality Staffing Solutions
Where hotel staff does welfare check on guest and fails to notice her suffering aneurism in dark room, summary judgment improper on negligent undertaking theory of liability. |
Torts |
|
E. Moore | Feb. 1, 2018 |
A146711
|
SMS Financial v. Cornerstone Tile Co.
Under Section 2941 the holder of an obligation secured by a deed of trust may prove damages against a title company that recorded a release of that obligation. |
Torts |
|
M. Miller | Jan. 30, 2018 |
A146588
|
Lampe v. Queen of the Valley Medical Center
The community of interest requirement for class action certification is not established if common questions of law or fact do not predominate. |
Torts |
|
I. Ruvolo | Jan. 25, 2018 |
S229762
|
McMillin Albany LLC v. Superior Court
Claims arising from residential construction which seek recovery for defect damages as contemplated by the Right to Repair Act are subject to the prelitigation procedures entailed in Act. |
Torts |
|
G. Liu | Jan. 19, 2018 |
B278117
|
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 |
|
A. Gilbert | Jan. 16, 2018 |
15-35859
|
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 |
|
P. Curiam (9th Cir.) | Dec. 28, 2017 |
A149752
|
Turley v. Familian Corp.
Circumstantial evidence may sufficiently establish the required 'exposure' element of an asbestos-related injury cause of action. |
Torts |
|
J. Richman | Dec. 27, 2017 |
S233898
|
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 |
|
M. Cuéllar | Dec. 22, 2017 |
C078916
|
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 |
|
J. Renner | Dec. 20, 2017 |
B283606
|
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 |
|
K. Dunning | Dec. 19, 2017 |
B279475
|
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 |
|
B. Hoffstadt | Dec. 1, 2017 |
A141016
|
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 |
|
J. Streeter | Nov. 20, 2017 |
A141016
|
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 |
|
Nov. 20, 2017 | |
H040880
|
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 |
|
N. Mihara | Nov. 16, 2017 |
A147726
|
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 |
|
J. Richman | Nov. 15, 2017 |
S235412
|
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 |
|
G. Liu | Nov. 14, 2017 |
D075271
|
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 |
|
J. McConnell | Nov. 9, 2017 |
B265373
|
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 |
|
K. Dunning | Nov. 6, 2017 |
B277995
|
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 |
|
T. Willhite | Oct. 27, 2017 |
E067316
|
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 |
|
M. Ramirez | Oct. 13, 2017 |
A143992
|
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 |
|
T. Reardon | Sep. 13, 2017 |