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Valdez v. Costco Wholesale Corp.
Costco gas station attendant who stopped fight between customers was immune from liability under the Good Samaritan statute. 		Torts 2DCA/2 Nov. 21, 2022
Thompson v. County of Los Angeles
Denial of leave to amend was appropriate where amending complaint would be fruitless because plaintiff could not identify any mandatory duty that defendant public entity failed to discharge. 		Torts 2DCA/8 Nov. 17, 2022
Fajardo v. Dailey
Summary judgment was inappropriate where there was no clear evidence regarding whether a sidewalk defect was trivial as a matter of law other than the size of a height differential. 		Torts 2DCA/7 Nov. 14, 2022
Ramirez v. PK I Plaza 580 SC LP
*Privette* doctrine did not protect shopping center owner from liability for independent contractor's injuries because owner did not hire the contractor nor delegate its duty to provide a safe workplace. 		Torts 1DCA/1 Nov. 11, 2022
Amiodarone Cases
Patients' claims were preempted by the federal Food, Drug, and Cosmetic Act because patients could not state an independent state-law claim for drug companies' alleged failure to warn of a drug's side effects. 		Torts 1DCA/2 Nov. 7, 2022
Dhital v. Nissan North America, Inc.
Plaintiffs' fraudulent inducement claim regarding their new Nissan was not barred by the economic loss rule because their allegations of presale fraudulent inducement were independent of the subsequent contract. 		Torts 1DCA/4 Oct. 28, 2022
Defries v. Yamaha Motor Corporation, U.S.A.
Failure to instruct jury on nondelegable duty was prejudicial when plaintiff's theory of the case was based on imputed negligence resulting from manufacturer's nondelegable duty to provide a safe product. 		Torts 4DCA/2 Oct. 27, 2022
Modification: McCullar v. SMC Contracting, Inc.
Subcontractor retained responsibility for its employee's workplace injury even though the general contractor created the hazard. 		Torts 3DCA Oct. 14, 2022
Enterprise Rent-A-Car of L.A. v. Superior Court (Grigoryan)
Rental car agency was not negligent in relying on renter's foreign driver's license and local California address to rent car involved in accident. 		Torts 2DCA/4 Oct. 10, 2022
Kruthanooch v. Glendale Adventist Medical Center
In an Elder Abuse Act case, substantial evidence did not support that medical center had a robust caretaking or custodial relationship with elderly patient. 		Torts 2DCA/3 Oct. 7, 2022
Karton v. Musick, Peeler, Garrett LLP
Denying motion for setoff predicated upon the tort-of-another doctrine was proper where the movant provided no evidence it incurred the costs in an action against any third party. 		Torts 2DCA/1 Oct. 5, 2022
T.L. v. City Ambulance of Eureka, Inc.
Ambulance company owed a general duty of care to plaintiff who sustained injuries by unbuckling herself and stepping out of a moving ambulance while being transported. 		Torts 1DCA/1 Sep. 30, 2022
Miller v. Roseville Lodge No. 1293
Summary judgment was appropriate where independent contractor's injured employee seeking to hold hirer liable failed to demonstrate hirer exercised retained control or failed to disclose a concealed hazardous condition. 		Torts 3DCA Sep. 29, 2022
McCullar v. SMC Contracting, Inc.
Subcontractor retained responsibility for its employee's workplace injury even though the general contractor created the hazard. 		Torts 3DCA Sep. 15, 2022
Modification: Maleti v. Wickers
Favorable termination element of malicious prosecution claim was satisfied where multiple claims were asserted in prior action against plaintiff, none were successful, and at least one was decided on the merits. 		Torts 6DCA Sep. 13, 2022
Golick v. State of California
Where officer shoots at suspect resulting in no injuries but then stops, and the suspect later kills his hostages, there is no actionable deadly force tort claim. 		Torts 1DCA/3 Sep. 12, 2022
C.I. v. San Bernardino City Unified School Dist.
School district was not negligent in its duty to protect students from foreseeable injury because criminal attack on school grounds by teacher's estranged spouse was not foreseeable. 		Torts 4DCA/2 Sep. 7, 2022
Perez v. Hibachi Buffet
Granting judgment notwithstanding the verdict was improper where a clear logical inference regarding spill's origin based on evidence offered at trial supported the verdict. 		Torts 2DCA/8 Aug. 31, 2022
Hoffmann v. Young
Plaintiff who was invited motorcycle riding on the family property by defendants' live-in son could not impose premises liability on the parents since children are not automatically authorized to invite others onto the property. 		Torts CASC Aug. 30, 2022
Cameron v. Las Orchidias Properties, LLC
"Property" as used in the Elder Abuse Act included a displaced tenant's right to re-rent under the Los Angeles Municipal Code and the Ellis Act. 		Torts 2DCA/5 Aug. 24, 2022
G and G Closed Circuit Events v. Liu
Summary judgment was appropriate where plaintiff failed to provide evidence regarding the method of transmission in a Cable Communications Policy Act and Communications Act claim. 		Torts 9th Aug. 23, 2022
Franklin v. Santa Barbara Cottage Hospital
Doctor who performed allegedly negligent back surgery was not an ostensible agent of the hospital because he was expressly not an agent or employee of the hospital and there were no representations to the contrary. 		Torts 2DCA/6 Aug. 23, 2022
Technology Credit Union v. Rafat
Workplace violence restraining order was reversed because there was insufficient evidence to support that bank customer would resort to violence against bank employee. 		Torts 6DCA Aug. 19, 2022
Maleti v. Wickers
Favorable termination element of malicious prosecution claim was satisfied where multiple claims were asserted in prior action against plaintiff, none were successful, and at least one was decided on the merits. 		Torts 6DCA Aug. 17, 2022
Bennett v. U.S.
State's eight-year statute of repose was applicable substantive law of the place where the omission occurred under the Federal Tort Claims Act, leaving plaintiff with no cause of action. 		Torts 9th Aug. 12, 2022
Spletstoser v. Hyten
Government was not immune from suit because former colonel's alleged sexual assault by a former general was not incident to military service. 		Torts 9th Aug. 12, 2022
Planet Aid v. Reveal
Public charity and charity director were limited public figures subject to actual malice standard for defamation claim since they engaged in press and solicited public donations for the controversial charity. 		Torts 9th Aug. 12, 2022
Montes v. Young Men's Christian Assn. of Glendale, CA
Defendant owed no duty of care to plaintiff who willingly chose to encounter open and obvious dangerous condition without any practical necessity. 		Torts 2DCA/8 Aug. 4, 2022
Nunez v. City of Redondo Beach
A city's policy of repairing half-inch sidewalk defects did not mean that a three-quarters-inch defect posed a substantial risk of injury. 		Torts 2DCA/3 Jul. 29, 2022
Joshi v. Fitness International, LLC
A checklist indicating a sauna "needed repair" was insufficient to show gross negligence by a fitness center. 		Torts 6DCA Jul. 6, 2022
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