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Garcia v. D/AQ Corporation
Trial court properly granted defendants' motion for summary judgment on plaintiff's passive negligence lawsuit because exculpatory clause in parties' lease agreement shielded defendants from liability.
Torts 2DCA/8 Nov. 27, 2020
Modification: State Lands Commission v. Plains Pipeline, L.P.
Plaintiff was not entitled to immunity from liability as public utility because it does not deliver essential municipal services to members of the general public.
Torts 2DCA/6 Nov. 24, 2020
State Lands Commission v. Plains Pipeline, L.P.
Plaintiff was not entitled to immunity from liability as public utility because it does not deliver essential municipal services to members of the general public.
Torts 2DCA/6 Nov. 20, 2020
Levy v. Only Cremations for Pets, Inc.
Trial court erred in dismissing plaintiffs' trespass to chattel claim alleging that they did not receive their pets' ashes, which were instead comingled with ashes of other animals.
Torts 4DCA/3 Nov. 10, 2020
Hoffmann v. Young
Defendant's express invitation of plaintiff to come onto his parents' property operated as express invitation by landowner under Civil Code Section 846(d)(3) and thereby stripped defendant's parents of immunity.
Torts 2DCA/6 Nov. 3, 2020
Tilkey v. Allstate Insurance Co.
Substantial evidence supported jury's finding that plaintiff was compelled to self-publish defendant's defamatory statement.
Torts 4DCA/1 Oct. 29, 2020
Lam v. U.S.
Federal Tort Claims Act's Discretionary Function Exception applied to bar claims based on park rangers' decisions as to tree maintenance.
Torts 9th Oct. 29, 2020
Dix v. Live Nation Entertainment, Inc.
Because of its special relationship with festival attendees, an operator of electronic music festivals like defendant owes a duty of reasonable care to festival attendees.
Torts 2DCA/7 Oct. 28, 2020
Shipp v. Western Engineering, Inc.
Highway contractor controlling traffic on public highway owed duty of care to motorist who was rear-ended when forced to stop behind vehicle that was unable to turn left because contractor stopped traffic.
Torts 3DCA Oct. 7, 2020
Modification: Murray v. UPS Capital Insurance Agency, Inc.
Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance.
Torts 4DCA/3 Oct. 7, 2020
Lopez v. City of Los Angeles
Because commercial business leasing property did no more than put driveway and gutter to their ordinary uses, it did not control area where plaintiff fell.
Torts 2DCA/2 Oct. 5, 2020
Bader v. Avon Products
'Bristol-Myers Squibb Co. v. Superior Court' does not require proof of a product defect at the jurisdictional phase.
Torts 1DCA/4 Oct. 1, 2020
Williams v. County of Sonoma
If primary assumption of risk doctrine applied, County nonetheless owed plaintiff duty not to increase inherent risks of long-distance, recreational cycling.
Torts 1DCA/5 Sep. 30, 2020
Murray v. UPS Capital Insurance Agency, Inc.
Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance.
Torts 4DCA/3 Sep. 15, 2020
Nanouk v. U.S.
Federal Tort Claims Act's discretionary function exception did not apply to government's failure to identify and remediate hot spot of contaminated soil in timely manner after clean-up activities began.
Torts 9th Sep. 8, 2020
Caliber Paving Co. v. Rexford Industrial Realty and Management
A defendant who is not a party to the contract is not immune from liability for intentional interference with contract by virtue of having an economic or social interest in the contract.
Torts 4DCA/3 Sep. 3, 2020
Shih v. Starbucks Corp.
Trial court correctly granted defendant summary judgment because any alleged defect in defendant's product was not a legal cause of plaintiff's injuries.
Torts 2DCA/7 Aug. 26, 2020
Frausto v. Dept. of the Cal. Highway Patrol
Law enforcement officers and arrestees have a special relationship where officers owe arrestees a duty of reasonable care.
Torts 1DCA/2 Aug. 25, 2020
Bolger v. Amazon.com, LLC
Trial court erred in granting summary judgment in favor of retailer defendant because strict products liability doctrine applies to retailers.
Torts 4DCA/1 Aug. 17, 2020
In re Bard IVC Filters Product Liability Litigation
Food and Drug Administration special control requirements do not constitute device-specific requirements that preempt state-law claims for failure-to-warn.
Torts 9th Aug. 14, 2020
B.B. v. County of Los Angeles
A defendant who committed an intentional tort is not entitled to a reduced judgment merely because plaintiff's injuries also resulted from the negligence of others.
Torts CASC Aug. 11, 2020
Dent v. National Football League
Plaintiffs sufficiently alleged voluntary undertaking theory of negligence to survive motion to dismiss.
Torts 9th Aug. 10, 2020
Ixchel Pharma LLC v. Biogen Inc.
Tortious interference with at-will contracts requires independent wrongfulness.
Torts CASC Aug. 4, 2020
Wolf v. Weber
Trial court incorrectly granted defendant's motion for summary judgment because assumption of risk doctrine did not apply where ordinance required off leash dogs to be under owner's control.
Torts 1DCA/4 Jul. 21, 2020
Savaikie v. Kaiser Foundation Hospitals
Agreement between defendant and its volunteer that volunteer would drive his own car, did not establish required-vehicle exception to establish defendant's employer liability.
Torts 2DCA/8 Jul. 20, 2020
Mize v. Mentor Worldwide LLC
Tort claims premised on conduct that both violates Medical Device Amendments and gives rise to recovery under state law even in absence of MDA are not preempted.
Torts 2DCA/6 Jul. 7, 2020
Hanouchian v. Steele
Agreements to adhere to fraternal organization guidelines did not impose greater legal duty upon possessor of land than those imposed by current laws.
Torts 2DCA/3 Jun. 26, 2020
Pankey v. Petco Animal Supplies, Inc.
Only diseased animals displaying symptoms of illness are products subject to a products liability design defect claim.
Torts 4DCA/1 Jun. 25, 2020
Verrazono v. Gehl Company
'Ordinary consumers expectations' test is not applicable where expert testimony will be essential to assist jury in understanding pros and cons of plaintiff's arguments.
Torts 1DCA/1 Jun. 18, 2020
Horne v. Ahern Rentals, Inc.
Hirer is only liable for injury to employee of contractor if hirer exercised control over safety conditions at worksite in way that 'affirmatively' contributed to employee's injuries.
Torts 2DCA/8 Jun. 12, 2020