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Name Category Published
Kuciemba v. Victory Woodworks, Inc.
Construction company did not owe a duty of care to worker's wife who was infected with COVID-19 because recognizing such a duty would create an intolerable burden on society. 		Torts CASC Jul. 7, 2023
Nigel B. v. Burbank Unified School District
Although student-plaintiff had been injured during PE touch football game, the primary assumption of the risk doctrine did not apply because his participation was mandatory. 		Torts 2DCA/5 Jul. 6, 2023
Blaylock v. DMP 250 Newport Center
Property owners were not liable for HVAC contractor's employee falling through a crawl space access panel because there was no evidence they knew the access panel constituted a concealed hazard. 		Torts 4DCA/3 Jun. 27, 2023
Yegiazaryan v. Smagin
Plaintiff pursuing private action under RICO statute sufficiently alleged a domestic injury where the alleged circumstances surrounding the injury indicated it arose in the United States. 		Torts USSC Jun. 23, 2023
Beebe v. Wonderful Pistachios
Electricians' evidence of substantial bird feces at job site was sufficient to show a reasonable medical probability that facility owners' conduct was a substantial factor in causing his fungal infection. 		Torts 5DCA Jun. 8, 2023
Twitter, Inc. v. Taamneh
Plaintiffs' allegations that social-media companies aided and abetted ISIS terrorist attack failed to state a claim under the Antiterrorism Act. 		Torts USSC May 19, 2023
Gonzalez v. Google LLC
Plaintiffs failed to plausibly state a claim against Google and YouTube for conspiracy liability for ISIS terrorist operations based on ISIS' use of the platform. 		Torts USSC May 19, 2023
Romero v. Los Angeles Rams
Summary judgment was proper because plaintiffs could not show that defendants' enhanced security measures would more likely than not have prevented injuries resulting from a brawl among sports fans. 		Torts 2DCA/8 May 17, 2023
Modification: Berry v. Frazier
Demurrer inappropriate where complaint incorrectly designated statutory remedy as cause of action but alleged facts sufficient to support causes of action that could serve as a basis for such recovery. 		Torts 1DCA/3 May 16, 2023
Razoumovitch v. 726 Hudson Ave.
Apartment owners failed to show that tenant's attempt to enter locked apartment by climbing onto his apartment balcony was so unforeseeable that it negated their general duty of safety maintenance. 		Torts 2DCA/7 May 15, 2023
Moses v. Roger-McKeever
Condo owner had no duty to protect invitee from hazard in the building's common walkway, over which owner had no control. 		Torts 1DCA/1 May 9, 2023
Hernandez v. City of Stockton
Plaintiff failed to comply with government claim requirements when he identified an uplifted sidewalk as the dangerous condition in his claim, but an empty tree well as the dangerous condition in the civil action. 		Torts 3DCA May 2, 2023
Wellsfry v. Ocean Colony Partners
Summary judgment was appropriate where golfer was injured by stepping on tree root because he assumed the risks inherent in interacting with the natural terrain of an outdoor golf course. 		Torts 1DCA/3 May 1, 2023
Bidari v. Kelk
Plaintiffs' malicious prosecution claim failed because complaint based the claim on acts--including arrest, warrant proceedings, and bail--that did not involve judicial proceedings nor would terminate in their favor. 		Torts 2DCA/1 May 1, 2023
Berry v. Frazier
Demurrer inappropriate where complaint incorrectly designated statutory remedy as cause of action but alleged facts sufficient to support causes of action that could serve as a basis for such recovery. 		Torts 1DCA/3 May 1, 2023
Downey v. City of Riverside
Plaintiff could plead a viable cause of action for negligent infliction of emotional distress based on hearing a car accident over the phone where she had knowledge of the dangerous condition that caused the accident. 		Torts 4DCA/1 Apr. 27, 2023
Hacala v. Bird Rides, Inc.
Bird scooters owed a general duty of care to mother who tripped on the wheel of its scooter because an entity must use ordinary care in the management of its property. 		Torts 2DCA/3 Apr. 11, 2023
Modification: Carrillo v. County of Santa Clara
Allegations in plaintiff's medical negligence complaint did not support a delayed discovery exception to the one-year statute of limitations. 		Torts 2DCA/4 Mar. 16, 2023
Carrillo v. County of Santa Clara
Allegations in plaintiff's medical negligence complaint did not support a delayed discovery exception to the one-year statute of limitations. 		Torts 2DCA/4 Mar. 15, 2023
Marin v. Department of Transportation
No triable issue of fact existed regarding Department of Transportation's liability for death of contractor's employee where it properly delegated responsibility for workplace safety matters to contractor. 		Torts 1DCA/5 Feb. 27, 2023
Degala v. John Stewart Company
Subcontractor employee's claims against the general contractor and site owner were not barred by the Privette doctrine where employee was attacked by a third party and the defendants were involved in site security matters. 		Torts 1DCA/2 Feb. 9, 2023
McGovern v. BHC Fremont Hospital, Inc.
Medical negligence claims of plaintiff who sustained injuries at a hospital were not time-barred because her initial letter to preserve evidence did not constitute notice of intent to commence action. 		Torts 1DCA/1 Jan. 6, 2023
Pereda v. Atos Jiu Jitsu LLC
Jiu jitsu studio was not liable as ostensible agent for sparrer's injury when facts showed it did not exercise control over the independent jiu-jitsu studio it was affiliated with where the injury occurred. 		Torts 2DCA/2 Nov. 28, 2022
Brown v. Beach House Design & Development
General contractor who hired subcontractor to work on beach house could be liable for injuries to subcontractor's carpenter since they retained control over the scaffolding and actually exercised that control. 		Torts 2DCA/3 Nov. 23, 2022
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
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