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Name Category Published
Hartman v. Moore
Plaintiff in retaliatory-prosecution action must plead and prove absence of probable cause for pressing underlying criminal charges.
Torts May 5, 2006
Mammoth Mountain Ski Area v. Graham
Triable issue of fact exist on whether defendant's conduct was so reckless as to be totally outside range of ordinary snowboarding activity.
Torts Apr. 10, 2006
Doe v. Bakersfield City School District
Former student is entitled to relief from claims-presentation requirements because he was deterred from presenting his sexual abuse claims.
Torts Apr. 10, 2006
Lackner v. North
Triable issues of fact exist as to whether snowboarder's conduct was reckless when he crashed into skier.
Torts Apr. 7, 2006
Dolan v. U.S. Postal Service
Dismissal of suit is not proper where plaintiff sustained injuries because postal employees negligently left mail on her porch.
Torts Apr. 3, 2006
Stephen v. Ford Motor Co.
In negligence action, trial court properly granted nonsuits in favor of automobile and tire companies.
Torts Mar. 21, 2006
Kinsman v. Unocal Corp.
Liability of premises owner for injuries suffered by employee of independent contractor is limited.
Torts Mar. 15, 2006
Saville v. Sierra College
Assumption of risk doctrine applies to activities or sports where dangerous conditions or conduct are integral part of activity or sport.
Torts Mar. 13, 2006
Jerden v. Amstutz
Limiting instruction regarding expert witness' testimony should not have been given when objection to it was untimely.
Torts Feb. 8, 2006
Christoff v. Union Pacific Railroad Co.
Man injured by moving train failed to demonstrate that railroad company's conduct was legal cause of his injury.
Torts Feb. 7, 2006
Environmental Law Foundation v. Wykle Research Inc.
Manufacturer of mercury-based dental fillers did not violate Health and Safety Code with warning it provided on product insert.
Torts Feb. 6, 2006
Martin v. Szeto
Successful defendants should have been awarded attorney fees where slander action was brought in bad faith.
Torts Feb. 6, 2006
Delgado v. Trax Bar & Grill
Evidence is insufficient to establish duty on part of bar to prevent or intervene in gang attack on patron.
Torts Feb. 3, 2006
Gomez v. Superior Court (The Walt Disney Co.)
Amusement park, operating ride, is common carrier under Civil Code Section 2168.
Torts Feb. 3, 2006
Coburn v. Sievert
Evidence of psychiatrist's negligence was insufficient to create question of fact as to his subjective belief concerning need for treatment.
Torts Feb. 3, 2006
Smith v. Bennett Inc.
Statute tolling limitations period for medical malpractice action did not apply to claim for enhanced remedies under Elder Abuse Act.
Torts Feb. 3, 2006
Saville v. Sierra College
Assumption of risk doctrine applies to activities or sports where dangerous conditions or conduct are integral part of activity or sport.
Torts Feb. 3, 2006
Morris v. De La Torre
Restaurant owner may be liable for employees who failed to summon help for customer who was assaulted in parking lot.
Torts Feb. 3, 2006
Fox v. Ethicon Endo-Surgical Inc.
Plaintiff alleging products liability will have chance to explain why she did not have cause to sue within one-year limitations period.
Torts Feb. 3, 2006
Weaver v. Chavez
Federal standard requires driver of commercial vehicle to use extreme caution and to reduce speed when hazardous conditions exist.
Torts Feb. 2, 2006
Johnson v. American Standard Inc.
Product manufacturer is not liable to sophisticated user for failure to warn of risk if user should have reasonably known of risk.
Torts Feb. 2, 2006
Zipperer v. County of Santa Clara
County may adopt ordinance to exempt itself from duty to control tree growth under Solar Shade Control Act.
Torts Feb. 2, 2006
Elsner v. Uveges
Violations of state workplace safety laws are inadmissible in injured employee's lawsuit against third party.
Torts Feb. 2, 2006
Simon v. San Paolo U.S. Holding Co. Inc.
Real estate seller that fraudulently conducted transaction is liable for $1.7 million in punitive damages.
Torts Feb. 2, 2006
Raghavan v. Boeing Co.
In all cases of alleged defamation, truth of offensive statements or communication is complete defense.
Torts Jan. 30, 2006
Saville v. Sierra College
Assumption of risk doctrine applies to activities or sports where dangerous conditions or conduct are integral part of activity or sport.
Torts Jan. 25, 2006
Rinehart v. Boys & Girls Club of Chula Vista
After school club was not responsible for member's injuries resulting from rock thrown by non-member.
Torts Jan. 24, 2006
Castaneda v. Olsher
Landlord had duty to prevent foreseeable gang-related shooting at mobile home park.
Torts Jan. 18, 2006
Jones v. John Crane Inc.
Court's refusal to allocate amounts recovered in pretrial settlement to plaintiffs' net judgment was not erroneous.
Torts Jan. 17, 2006
Jerden v. Amstutz
Limiting instruction regarding expert witness' testimony should not have been given when objection to it was untimely.
Torts Jan. 12, 2006