| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B229437
|
Adams v. Superior Court (Centinella Freeman Regional Medical Center)
Court errs in abating administrator’s wrongful death and survival actions since petitioner need not join all heirs and claims survived decedent’s death. |
Torts |
|
Jun. 3, 2011 | |
|
A128296
|
Kimes v. Grosser
Owner of injured pet animal with little market value can recover reasonable and necessary costs attributable to injury. |
Torts |
|
Jun. 2, 2011 | |
|
B226243
|
Mealy v. B-Mobile Inc.
Husband suffers compensable claim for loss of consortium despite testimony that his relationship with his wife was not hurt after her accident. |
Torts |
|
May 25, 2011 | |
|
C064947
|
Price v. Operating Engineers Local Union No. 3
Court properly denies anti-SLAPP motion to strike defamation claim related to flyers distributed during labor strike where flyers were unrelated to labor dispute. |
Torts |
|
May 23, 2011 | |
|
B221096
|
Garcia v. Becker Bros. Steel Co.
Seller of used machinery does not owe duty to warn of risk of using equipment to subsequent users beyond immediate purchaser. |
Torts |
|
May 11, 2011 | |
|
S172023
|
Pooshs v. Philip Morris USA Inc.
Smoker’s claim for later-discovered lung cancer is not time-barred by earlier-discovered and time-barred illness because it is separate and distinct illness. |
Torts |
|
May 6, 2011 | |
|
C059259
|
Mendoza v. Wichmann
Defamation action is supported by probable cause where plaintiff knew that alleged defamatory statements in police report had previously been made by defendant. |
Torts |
|
May 4, 2011 | |
|
D055920
|
Tucker v. CBS Radio Stations Inc.
Duty of care does not extend to rescuer where injuries are not reasonably foreseeable, given extended sequence of events. |
Torts |
|
May 2, 2011 | |
|
B221206
|
E.M. v. Los Angeles Unified School District
Minor's application for leave to file late claim against school district in relation to molestation is timely where filed within one year of molestation. |
Torts |
|
Apr. 20, 2011 | |
|
D057709
|
Varshock v. California Dept. of Forestry and Fire Protection
Public entity is entitled to immunity where death resulted from firefighter’s allegedly negligent operation of motor vehicle while attempting to fight fire. |
Torts |
|
Apr. 20, 2011 | |
|
B221096
|
Garcia v. Becker Bros. Steel Co.
Seller of used machinery does not owe duty to warn of risk of using equipment to subsequent users beyond immediate purchaser. |
Torts |
|
Apr. 18, 2011 | |
|
B220863
|
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. |
Torts |
|
Apr. 10, 2011 | |
|
B220863
|
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. |
Torts |
|
Apr. 5, 2011 | |
|
B221482
|
Garbell v. Conejo Hardwoods Inc.
Evidence of workers smoking and discarding cigarettes into trashcan supports jury’s finding that employer was negligent in causing house fire. |
Torts |
|
Apr. 5, 2011 | |
|
A120050
|
Tverberg v. Fillner Construction Inc.
Injured independent contractor who lacks access to workers' compensation is owed duty of care. |
Torts |
|
Apr. 5, 2011 | |
|
D056892
|
Branson v. Sharp Healthcare Inc.
Court may order refund of overpayment of Medi-Cal lien as exceeding reimbursable medical costs based on beneficiary’s reasonable calculation adopted by court. |
Torts |
|
Mar. 31, 2011 | |
|
B226240
|
Lefiell Manufacturing Co. v. Superior Court (Watrous)
Spouse has standing to pursue loss of consortium damages where claim is dependant on employee’s injury under Labor Code Section 4558. |
Torts |
|
Mar. 30, 2011 | |
|
E048333
|
Behr v. Redmond
In action alleging tortious transmission of genital herpes, award of damages for future medical expenses is excessive based on plaintiff's life expectancy. |
Torts |
|
Mar. 29, 2011 | |
|
A120050
|
Tverberg v. Fillner Construction Inc.
Hirer may be held directly liable for independent contractor’s injury where hirer retained control over safety conditions at jobsite. |
Torts |
|
Mar. 28, 2011 | |
|
B204908
|
Leung v. Verdugo Hills Hospital
Rule releasing consideration for several liability of joint tortfeasors governs damages allocation following settlement, which court found was not in good faith. |
Torts |
|
Mar. 24, 2011 | |
|
B220863
|
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. |
Torts |
|
Mar. 24, 2011 | |
|
09-55644
|
Hayes v. County of San Diego
Summary judgment is improper where deputies’ use of force in killing of suicidal victim who did not pose immediate threat was likely unreasonable. |
Torts |
|
Mar. 23, 2011 | |
|
E048333
|
Behr v. Redmond
In action alleging tortious transmission of genital herpes, award of damages for future medical expenses is excessive based on plaintiff's life expectancy. |
Torts |
|
Mar. 16, 2011 | |
|
G043595
|
Rosen v. St. Joseph Hospital of Orange County
Plaintiff's causes of action based on alleged conversion of evidence constitute spoliation of evidence claims, which are barred. |
Torts |
|
Mar. 11, 2011 | |
|
S178799
|
Cabral v. Ralphs Grocery Co.
Driver has general duty to use ordinary care in operating vehicle, and specific factual circumstances are improper factors in determining foreseeability in negligence analysis. |
Torts |
|
Mar. 1, 2011 | |
|
B216445
|
Cabrera v. E. Rojas Properties Inc.
Collateral source rule does not bar reduction of past medical expenses that reflect rate discount between medical insurer and provider. |
Torts |
|
Feb. 25, 2011 | |
|
08-1314
|
Williamson v. Mazda Motor of America Inc.
State tort suit regarding manufacturer’s choice of seatbelt is not preempted by federal law giving manufacturers choice of which seatbelt type to install. |
Torts |
|
Feb. 24, 2011 | |
|
09-152
|
Bruesewitz v. Wyeth LLC
National Childhood Vaccine Injury Act preempts all design-defect claims against vaccine manufacturers seeking compensation for injury caused by side effect. |
Torts |
|
Feb. 23, 2011 | |
|
09-15932
|
MDY Industries LLC v. Blizzard Entertainment Inc.
Court errs in granting summary judgment on tortious interference claim in relation to program that automatically plays online game, where triable issues existed. |
Torts |
|
Feb. 18, 2011 | |
|
E049899
|
Rosencrans v. Dover Images Ltd.
Court errs in granting summary judgment because absence of flagger on motocross track raised issue of whether it constituted extreme departure from standard of conduct. |
Torts |
|
Feb. 17, 2011 |
