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Moreno v. Hanford Sentinel, Inc.
Author who posted article on myspace.com cannot state cause of action for invasion of privacy.
Torts May 3, 2009
Pintos v. Pacific Creditors Association
Agency is liable for furnishing credit report to collect debt unrelated to 'credit transaction' but may seal confidential documents for good cause.
Torts Apr. 30, 2009
Burns v. The Neiman Marcus Group Inc.
Demurrer is sustained in action against retailer for accepting fraudulent checks drawn on third party account.
Torts Apr. 29, 2009
Gardner v. Martino
Talk show host's claim that business lied to consumer is nonactionable opinion made in reliance on caller's statements.
Torts Apr. 26, 2009
Rodriguez v. West Publishing Corp.
Adequacy of representation in class action satisfied where at least one class representative did not have conflict of interest.
Torts Apr. 23, 2009
The Mega Life and Health Insurance Co. v. Superior Court (Closson)
Husband may not recover on tort claim for fraud based on deceased wife's health insurance policy.
Torts Apr. 16, 2009
K.J. v. Roman Catholic Bishop of Stockton
Childhood sexual abuse claim deemed untimely where lawsuit was filed outside of one-year 'revival window.'
Torts Apr. 13, 2009
Greenberg v. Superior Court (Smith)
Psychiatrist improperly denied summary judgment where there was no evidence indicating client presented risk of harm to third party plaintiffs.
Torts Apr. 10, 2009
K.J. v. Arcadia Unified School District
Former student's government tort claim against school district for negligent supervision is timely pursuant to 'delayed discovery doctrine.'
Torts Apr. 8, 2009
Conroy v. The Regents of the University of California
Summary judgment proper where plaintiff fails to present substantial certainty that deceased husband's body was mishandled by UC Irvine's Willed Body Program.
Torts Apr. 7, 2009
Moreno v. Hanford Sentinel Inc.
Author who posted article on myspace.com cannot state cause of action for invasion of privacy.
Torts Apr. 6, 2009
Long Beach Memorial Medical Center v. Superior Court (Connors)
Court errs in finding settlement made in good faith where physician's payment was less than two percent of total amount.
Torts Apr. 3, 2009
Long Beach Memorial Medical Center v. Superior Court (Connors)
Court errs in finding settlement made in good faith where physician's payment was less than two percent of total amount.
Torts Mar. 30, 2009
Prince v. Pacific Gas & Electric Company
Utility's immunity from liability bars action for implied contractual indemnity arising from easement grant.
Torts Mar. 20, 2009
People v. Tri-Union Seafood LLC
Court upholds ruling that warning of reproductive toxicity not required since majority of methylmercury in canned tuna is 'naturally occurring.'
Torts Mar. 12, 2009
Wyeth v. Levine
Inadequate warning claim not preempted by federal law because drug manufacturer may add or strengthen warnings without prior FDA approval.
Torts Mar. 5, 2009
Taylor v. Elliott Turbomachinery Co. Inc.
California law does not impose duty to warn of hazards inherent in defective products manufactured or supplied by third parties.
Torts Mar. 3, 2009
Nguyen-Lam v. Cao
Amendment of complaint to demonstrate actual malice permissible where evidentiary submissions sufficient to demonstrate merits of claim.
Torts Mar. 3, 2009
Binns v. Westminster Memorial Park
Emotional distress foreseeable where defendant negligently buries a stranger's body in plaintiff's reserved plot.
Torts Mar. 2, 2009
Nazari v. Ayrapetyan
Medical testimony on examinations without certified interpreter admissible per Evidence Code Section 755.5 when testimony does not depend on communication with plaintiff.
Torts Mar. 2, 2009
Easterby v. Clark (Deledonne)
Expert testimony at trial that went beyond scope of deposition erroneously excluded.
Torts Mar. 2, 2009
Brown v. Ransweiler
Police officer is not liable for bystander's injury when he shoots at suspect with belief that fellow officer is in imminent danger.
Torts Feb. 26, 2009
Martin v. Midwest Express Holdings Inc.
Federal Aviation Act does not preempt airline's indemnity claim stemming from airline passenger's state law claim that airstairs were defective.
Torts Feb. 10, 2009
Jamgotchian v. Slender
Triable issue of fact exists as to whether racing steward is entitled to immunity where he prevented removal of horse from race.
Torts Feb. 10, 2009
Tan v. Arnel Management Co.
Minimal security measures sought by plaintiffs lowered degree of foreseeability required by landlord to invoke duty of care.
Torts Feb. 2, 2009
Dey v. Continental Central Credit
Debt collector's additional charge for services does not violate Unfair Competition Law.
Torts Jan. 26, 2009
Birke v. Oakwood Worldwide
Court improperly dismisses tenant's nuisance action alleging manager's failure to limit secondhand smoke in outdoor common areas of apartment complex.
Torts Jan. 13, 2009
Ontiveros v. 24 Hour Fitness Corp.
Fitness center defeats product liability claim brought by member who sustained injuries on stair step machine.
Torts Dec. 22, 2008
Van Horn v. Watson
Good Samaritan who does not render emergency medical care is subject to liability for harm caused plaintiff.
Torts Dec. 19, 2008
Luna v. Vela
Assumption of risk does not bar claim against organizer of volleyball game who had duty not to increase risk of harm.
Torts Dec. 17, 2008