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Name Category Published
Gonzalez v. Mathis
Landowners owe no duty to independent contractors or its workers to remedy or adopt other measures to protect them against known hazards on premises. 		Torts CASC Aug. 20, 2021
Hedayati v. Interinsurance Exchange of the Auto. Club
Summary judgment was improper because insurer did not attempt to refute plaintiff's good faith and fair dealing claim based on its alleged failure to communicate with its insured. 		Torts 4DCA/3 Aug. 13, 2021
Pilliod v. Monsanto Co.
Failure to warn and design defect claims based on state-law labeling and packaging requirements were not expressly preempted by Federal Insecticide, Fungicide, and Rodenticide Act. 		Torts 1DCA/2 Aug. 11, 2021
McKenna v. Beasley
Vehicle owners must inquire into prospective driver's license status before allowing driver to operate their vehicle. 		Torts 4DCA/1 Aug. 10, 2021
Sisto v. U.S.
Physician working at Indian contractor hospital was not 'employee' of that hospital for purposes of Federal Tort Claims Act. 		Torts 9th Aug. 5, 2021
Mezger v. Bick
No invasion of privacy where captured sounds and video from neighbor's Nest security camera are incidental to neighbor's security interest. 		Torts 2DCA/8 Jul. 6, 2021
Williams v. National Western Life Insurance Co.
Insurance company did not commit financial elder abuse because there was no evidence it had any knowledge of independent agent's fraudulent conduct. 		Torts 3DCA Jun. 15, 2021
Severin Mobile Towing, Inc. v. JPMorgan Chase
Bank defendant could not assert California Uniform Commercial Code Section 3405 defense because it did not address manner in which employee fraudulently indorsed employer's checks. 		Torts 4DCA/1 Jun. 10, 2021
Modification: Issakhani v. Shadow Glen Homeowners Assn.
Duty of care was not owed by landlord because rezoning ordinance that required certain number of parking spots was not designed to protect invitees from traffic accidents. 		Torts 2DCA/2 Jun. 1, 2021
Leon v. County of Riverside
County was immune from liability for Sheriff's deputies' alleged negligence because their acts occurred in the course of an investigation. 		Torts 4DCA/2 Jun. 1, 2021
White v. Molfetta
There was no credible evidence of emotional distress resulting from attorney's two-year delay in returning plaintiff's criminal case file so that he could file federal habeas petition. 		Torts 4DCA/3 May 26, 2021
Smith v. BP Lubricants USA Inc.
Employee's conduct of referring to African American employee as 'banana hands' during presentation when all non-African American employees and superiors laughed was extreme and outrageous. 		Torts 4DCA/2 May 14, 2021
Nieves Martinez v. U.S.
Federal Tort Claims Act's discretionary function exception applied to plaintiffs' claims for alleged tortious actions by government officials during criminal investigation related to border crossing. 		Torts 9th May 12, 2021
Nissan Motor Acceptance Cases
Based on scope of juror's nondisclosures and implausibility of some of her explanations, trial court reasonably could infer her omissions concealed state of mind that prevented her from being impartial juror. 		Torts 4DCA/3 May 4, 2021
Issakhani v. Shadow Glen Homeowners Assn., Inc.
Duty of care was not owed by landlord because rezoning ordinance that required certain number of parking spots was not designed to protect invitees from traffic accidents. 		Torts 2DCA/2 May 4, 2021
Tung v. Chicago Title Co.
In face of alleged tortious conduct by escrow holder, it was foreseeable that buyer might seek to capitalize on escrow holder's errors or misconduct. 		Torts 1DCA/3 May 3, 2021
Loomis v. Amazon.com LLC
Trial court erroneously granted summary adjudication in favor of Amazon on strict liability claim based on stream of commerce approach. 		Torts 2DCA/8 Apr. 28, 2021
Brown v. USA Taekwondo
Even when a special relationship creates an affirmative duty to protect, courts must still consider whether policy considerations limit that duty. 		Torts CASC Apr. 2, 2021
Hernandez v. Jensen
Because it was foreseeable that home healthcare worker might accidentally be shot in home containing unsecured loaded firearms, exception to general duty to exercise ordinary care did not apply. 		Torts 2DCA/7 Mar. 18, 2021
Modification: Leining v. Foster Poultry Farms
Plaintiff's causes of action challenged defendant's federally-approved labels and effectively sought to impose additional labeling requirements; thus, those claims were preempted. 		Torts 2DCA/5 Mar. 17, 2021
Zuniga v. Cherry Avenue Auction
'Privette v. Superior Court' doctrine was inapplicable to excuse liability for injuries in commercial landlord-tenant relationship. 		Torts 5DCA Mar. 17, 2021
Ruiz Nunez v. FCA US LLC
Jury instruction misstated the law and conflicted with CACI No. 3231, which correctly explained the continuation of warranties during repairs. 		Torts 2DCA/8 Mar. 2, 2021
Brownback v. King
District court's dismissal of plaintiff's Federal Tort Claims Act claims triggered 'judgment bar' provision to block his 'Bivens v. Six Unknown Fed. Narcotics Agents' claims. 		Torts USSC Feb. 26, 2021
Leining v. Foster Poultry Farms
Plaintiff's causes of action challenged defendant's federally-approved labels and effectively sought to impose additional labeling requirements; thus, those claims were preempted. 		Torts 2DCA/5 Feb. 24, 2021
Morgan v. J-M Manufacturing Co., Inc.
Punitive damage award reversed because plaintiff failed to establish that someone responsible for defendant's corporate policy had the requisite state of mind to support such an award. 		Torts 2DCA/1 Feb. 22, 2021
Collins v. County of San Diego
Jury's negligence verdict was not foreclosed by its rejection of plaintiff's false arrest claim. 		Torts 4DCA/1 Feb. 19, 2021
Flores v. Liu
Trial court erred in instructing jury that plaintiff's informed consent negated any liability for defendant's treatment recommendation but error did not prejudice plaintiff. 		Torts 2DCA/2 Feb. 1, 2021
Atlas Construction Supply v. Swinerton Builders
Co-defendant supplier was not aggrieved by trial court's exoneration of co-defendant general contractor in plaintiff's wrongful death action. 		Torts 4DCA/1 Jan. 28, 2021
Borman v. Brown
Trial court erred in concluding that defendant established that plaintiff would be unable to prove 'intent to induce reliance' element of negligent misrepresentation claim. 		Torts 4DCA/1 Jan. 20, 2021
Amended Opinion: Ko v. Maxim Healthcare Services, Inc.
Parents' virtual presence during their son's abuse through real-time audiovisual connection satisfied requirement in 'Thing v. La Chusa' of contemporaneous presence for bystander negligent infliction of emotional distress liability. 		Torts 2DCA/7 Jan. 19, 2021
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