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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
Filosa v. Alagappan
Summary judgment based on statute of limitations was reversed because there was triable issue of fact as to date of plaintiff's injury and his discovery of injury. 		Torts 1DCA/4 Jan. 12, 2021
Luebke v. Automobile Club of Southern California
Trial court erred by reaching out to decide issue not addressed in defendant's motion for summary judgment and therefore deprived plaintiff of his right to oppose summary judgment. 		Torts 2DCA/7 Jan. 8, 2021
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 Dec. 24, 2020
Coast Hematology Oncology v. Long Beach Memorial Medical Center
Trial court erred in granting defendant's motion for summary judgment as to plaintiff's misappropriation of its 'physician productivity' trade secret claim. 		Torts 2DCA/8 Dec. 17, 2020
Szarowicz v. Birenbaum
Summary judgment based on primary assumption of risk doctrine was not proper because triable issue of material fact existed as to whether defendant increased risks inherent in no-check hockey. 		Torts 1DCA/2 Dec. 8, 2020
Sabetian v. Exxon Mobile Corp.
Oil companies did not owe plaintiff duty of care to protect from asbestos exposure because they did not own, possess, or control Iranian facility where plaintiff worked. 		Torts 2DCA/7 Dec. 2, 2020
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
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