| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A141686
|
Rondon v. Hennessy Industries Inc.
Judgment in favor of manufacturer of brake arcing machines reversed where plaintiff raises triable issue as to whether 'inevitable use' standard was met. |
Torts |
|
Jun. 8, 2016 | |
|
H040316
|
Kinda v. Carpenter
Erroneous evidentiary ruling that resulted in disposition of defamation claim warrants reversal of verdict in favor of landlord accused of posting negative Yelp reviews about tenant. |
Torts |
|
Jun. 7, 2016 | |
|
15-109
|
Simmons v. Himmelreich
Following dismissal of federal prisoner's suit against United States under Federal Tort Claims Act, judgment bar provision does not bar second suit against individual defendants. |
Torts |
|
Jun. 6, 2016 | |
|
C076872
|
Bertsch v. Mammoth Community Water District
Summary judgment properly granted in defendant's favor where wrongful death suit barred by doctrine of primary assumption of risk. |
Torts |
|
Jun. 2, 2016 | |
|
B261860
|
Rice v. Downs
Trial court errs in compelling parties to arbitrate certain tort claims that did not arise from the parties' operation agreement. |
Torts |
|
Jun. 2, 2016 | |
|
B261971
|
Aghaji v. Bank of America N.A.
Plaintiff homeowners bringing mass actions unsuccessful in challenging denial of leave to amend where they fail to show proposed additional facts sufficient to state unfair competition claim. |
Torts |
|
Jun. 1, 2016 | |
|
12-56638
|
Jane Doe No. 14 v. Internet Brands Inc. dba Modelmayhem.com
Communications Decency Act does not bar rape victim's lawsuit against website for negligently failing to warn her of rapists' use of website under California law. |
Torts |
|
May 31, 2016 | |
|
S209927
|
Webb v. Special Electric Co., Inc.
Entry of judgment notwithstanding the verdict in favor of asbestos supplier unjustified, where substantial evidence supports jury's verdict on failure to warn claim. |
Torts |
|
May 24, 2016 | |
|
14-15472
|
Edison v. United States
Dismissal of prisoners' complaints relating to Valley Fever infections reversed where independent contractor exception to Federal Tort Claims Act does not bar claims. |
Torts |
|
May 23, 2016 | |
|
S211793
|
Winn v. Pioneer Medical Group Inc.
Plaintiffs unsuccessful in bringing claim of neglect under Elder Abuse Act because defendant health care providers did not have caretaking or custodial relationship with elder. |
Torts |
|
May 20, 2016 | |
|
C075366
|
Jimenez v. Roseville City School District
Student may pursue his negligent supervision claim against school district in connection with injuries he suffered while breakdancing on campus. |
Torts |
|
May 20, 2016 | |
|
A144218
|
Hetzel v. Hennessy Industries Inc.
Summary judgment in favor of manufacturer of brake arcing machines reversed where machines inevitably caused release of asbestos dust when used as intended. |
Torts |
|
May 19, 2016 | |
|
B261525
|
Daza v. Los Angeles Community College District
Former guidance counselor may maintain reimbursement claim against Los Angeles Community College District concerning lawsuit accusing him of sexually assaulting a student. |
Torts |
|
May 9, 2016 | |
|
S209836
|
Flores v. Presbyterian Intercommunity Hospital
Action alleging negligence in maintenance of hospital bedrail governed by statute of limitations for professional, rather than ordinary, negligence. |
Torts |
|
May 6, 2016 | |
|
A145367
|
Glennan v. Allergan Inc.
Lap-Band manufacturer escapes liability for patient's negligence claim alleging failure to adequately train physicians on Lap-Band implantation, on grounds of federal preemption. |
Torts |
|
May 2, 2016 | |
|
14-55263
|
Yamada v. Nobel Biocare Holding AG
Judicial efficiency eclipsed defendant's fundamental right to inspect and challenge documents supporting fee award, requiring vacatur and remand of award. |
Torts |
|
Apr. 21, 2016 | |
|
B261682
|
Moran v. Foster Wheeler Energy Corp.
Manufacturer of industrial boilers may be liable for salesman's asbestos-related cancer where evidence fails to support 'sophisticated user' defense. |
Torts |
|
Apr. 15, 2016 | |
|
A143381
|
Karpinski v. Smitty’s Bar Inc.
Settlement agreement properly enforced where, contrary to defendant's argument, plaintiff's payment of lien obligations was not condition precedent to timely payment settlement proceeds. |
Torts |
|
Apr. 14, 2016 | |
|
B262186
|
Fenimore v. The Regents of the University of California
Judgment sustaining demurrer in favor of hospital reversed where plaintiffs state viable theory of elder abuse based on recklessness. |
Torts |
|
Mar. 29, 2016 | |
|
D067839
|
T.H. v. Novartis Pharmaceuticals Corp.
Pharmaceutical manufacturer may be liable in negligence to minors allegedly injured in utero by mother's ingestion of generic drug years after manufacturer divested itself of medication. |
Torts |
|
Mar. 11, 2016 | |
|
B256793
|
Davis v. Honeywell International, Inc.
Judgment in favor of asbestos-cancer plaintiff affirmed where court does not abuse its discretion in admitting expert testimony based on 'every exposure theory.' |
Torts |
|
Mar. 4, 2016 | |
|
13-15218
|
Gonzalez v. United States
FBI's failure to disclose anti-immigration advocate's planned invasion to local law enforcement authorities is not actionable under discretionary exception to Federal Tort Claims Act. |
Torts |
|
Feb. 25, 2016 | |
|
D067239
|
Blackwell v. Vasilas
Summary judgment in favor of property owner improperly granted where injured laborer presented viable negligence claim under doctrine of respondeat superior. |
Torts |
|
Feb. 25, 2016 | |
|
13-56453
|
Moiser v. Stonefield Josephson
Summary judgment in favor of auditors upheld where receiver of company that was defrauded in Ponzi scheme cannot prove causation on tort claims. |
Torts |
|
Feb. 24, 2016 | |
|
H041468
|
Pipitone v. Williams
No triable issue in wrongful death action as to duty to report suspected abuse, where evidence shows only that consulted doctors may have had reason to 'speculate' as to potential abuse of woman who was subsequently murdered by her husband. |
Torts |
|
Feb. 24, 2016 | |
|
B247672
|
Kim v. Toyota Motor Corp.
In strict products liability action, evidence of industry custom and practice may be admissible, depending on nature of evidence and purpose for introducing such evidence. |
Torts |
|
Feb. 9, 2016 | |
|
A144289
|
Monschke v. Timber Ridge Assisted Living LLC
Care facility cannot force representative of decedent's estate to arbitrate wrongful death claim where representative is not bound by arbitration agreement. |
Torts |
|
Feb. 1, 2016 | |
|
D067239
|
Blackwell v. Vasilas
Summary judgment in favor of property owner improperly granted where injured laborer presented viable negligence claim under doctrine of respondeat superior. |
Torts |
|
Jan. 27, 2016 | |
|
B251933
|
Hernandezcueva v. E.F. Brady Co. Inc.
Nonsuit on strict products liability claim erroneously granted where evidence showed subcontractor who supplied and installed asbestos-containing products was in stream of commerce. |
Torts |
|
Jan. 20, 2016 | |
|
B247672
|
Kim v. Toyota Motor Corp.
In strict products liability action, evidence of industry custom and practice may be admissible, depending on nature of evidence and purpose for introducing such evidence. |
Torts |
|
Jan. 20, 2016 |
