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Risperdal and Invega Cases
State-law failure-to-warn claims concerning prescription drugs are preempted only where there is clear evidence that FDA would have rejected proposed label change. 		Torts 2DCA/3 Jun. 5, 2020
Wicks v. Antelope Valley Healthcare Dist.
Hospital was not liable for negligence of doctors because evidence showed decedent was notified that physicians were not hospital employees. 		Torts 2DCA/8 Jun. 3, 2020
Sharufa v. Festival Fun Parks, LLC
Record did not contain enough evidence to show whether waterslide theme park patrons received service or were supplied product to address product liability claim. 		Torts 6DCA May 29, 2020
Insalaco v. Hope Lutheran Church
Continuance of summary judgment hearing was virtually mandated because plaintiff provided declaration requesting specific discovery showing essential evidence may exist. 		Torts 1DCA/2 May 29, 2020
Nguyen v. Ford
Tolling provision no longer applied once plaintiff's former counsel filed notice to withdraw and plaintiff did not allege she was unaware. 		Torts 6DCA May 15, 2020
Kurtz-Ahlers, LLC v. Bank of America N.A.
Trial court properly granted nonsuit for negligence claim against bank because banks have no duty to monitor customer accounts for fraud. 		Torts 4DCA/3 May 11, 2020
Robertson v. Saadat
Plaintiff was not entitled to use her deceased husband's stored sperm for conception because decedent never expressed an intent to do so. 		Torts 2DCA/1 May 6, 2020
Marez v. Lyft, Inc.
Defendant's activities at the time of the accident were not within the scope of his employment because they were solely personal and employer did not derive any benefit. 		Torts 1DCA/1 May 4, 2020
Alaniz v. Sun Pacific Shippers
Trial court prejudicially erred when it omitted 'Privette/Hooker' elements from its instructions on negligence and premises liability. 		Torts 2DCA/6 Apr. 30, 2020
Weimer v. Nationstar Mortgage, LLC
'Biakanja v. Irving' factors clearly weighed in favor of imposing duty of care on lenders who agree to renegotiating loan modifications. 		Torts 3DCA Apr. 6, 2020
Reynaud v. Technicolor Creative Services USA
Jury could conclude if not for defendant's negligence, PERM application filed for plaintiff would probably have been approved and he would have obtained green card. 		Torts 2DCA/2 Mar. 26, 2020
Comcast Corp. v. National Assn. of African-American Owned Media
A 42 U.S.C. Section 1981 plaintiff continuously bears the burden of showing that plaintiff's race was a 'but-for' cause of its injury. 		Torts USSC Mar. 24, 2020
Winter v. Gardens Regional Hospital and Medical Center
To be actionable under the False Claim Act, clinical judgments and opinions do not require objective falsehood. 		Torts 9th Mar. 24, 2020
K.G. v. S.B.
Providing family members with financial support does not establish a special relationship that imposes a duty on the party providing support to exercise care. 		Torts 4DCA/1 Mar. 17, 2020
McHenry v. Asylum Entertainment Delaware, LLC
Superior court correctly ruled that plaintiff's Jones Act claim against production company failed as a matter of law because plaintiff was neither an employee nor 'borrowed' servant of the company. 		Torts 2DCA/2 Mar. 16, 2020
Modification: Summer J. v. United States Baseball Federation
Stadium owners have a duty to take reasonable measures that would increase safety and minimize inherent risks without altering the nature of the game. 		Torts 2DCA/7 Mar. 10, 2020
Zhang v. Chu
To prove malice in malicious prosecution claim, plaintiff must show defendant acted for purposes unrelated to merits of underlying claim. 		Torts 2DCA/8 Mar. 9, 2020
Madani v. Rabinowitz
Because next-door neighbor's fence was a continuing encroachment, plaintiff's claims for trespass and nuisance based on fence's encroachment were not barred by statute of limitations. 		Torts 2DCA/4 Feb. 26, 2020
Summer J. v. United States Baseball Federation
Stadium owners have a duty to take reasonable measures that would increase safety and minimize inherent risks without altering the nature of the game. 		Torts 2DCA/7 Feb. 20, 2020
Soto v. Union Pacific Railroad Co.
Defendant cannot be held liable for a dangerous condition of property it did not own or control even with expressed easement rights to the property. 		Torts 2DCA/7 Feb. 18, 2020
Alaniz v. Sun Pacific Shippers, L.P.
Trial court prejudicially erred when it omitted 'Privette and Hooker' doctrine limitations from its instructions on negligence and premises liability. 		Torts 2DCA/6 Feb. 6, 2020
Thimon v. City of Newark
City was not liable for creating dangerous condition of public property when victim was hit by driver in crosswalk because there was no history of collisions involving pedestrians in 10 years. 		Torts 1DCA/2 Jan. 29, 2020
Hedayatzadeh v. City of Del Mar
No liability for city not erecting a pedestrian barrier preventing the public from willfully accessing hazardous areas. 		Torts 4DCA/1 Jan. 24, 2020
Roger v. County of Riverside
Government Claims Act prohibited respondent from using 'timeliness' defense in litigation because respondent failed to notify complainant of defect in claim as required. 		Torts 4DCA/2 Jan. 24, 2020
LAOSD Asbestos Cases
Appellants' documents in opposition to respondent's expert's conclusion that respondent's talcum powder did not contain asbestos did not have 'specific facts' necessary to raise triable issue of material fact. 		Torts 2DCA/4 Jan. 24, 2020
Bingener v. City of Los Angeles
'Going and coming rule' under respondeat superior theory prevented employer from being held vicariously liable when employee hit and killed pedestrian while driving to work in his personal vehicle. 		Torts 2DCA/3 Jan. 13, 2020
Union Pacific Railroad Co. v. Ameron Pole Products LLC
Showing that respondent was not a cause-in-fact of car accident was not tantamount to showing that respondent was not a cause-in-fact of motorist's injuries. 		Torts 3DCA Dec. 30, 2019
City of Desert Hot Springs v. Valenti
Trial court applied improper legal standard to City's motion for appointment of receiver for nuisance by not addressing requirements in Health and Safety Code Section 17980.7(c), and instead addressing plan's economic viability. 		Torts 4DCA/2 Dec. 23, 2019
Kim v. County of Monterey
Triable issues exist where reasonable jury could find defendants' staging of racing event was "severe departure" from contractual obligations. 		Torts 6DCA Dec. 17, 2019
Modification: Presbyterian Camp & Conference Centers, Inc. v. Superior Court
Corporations can be held vicariously liable for causing brush fires under Health and Safety Code Sections 13009 and 13009.1; CalFire may recover fire suppression and investigation costs. 		Torts 2DCA/6 Dec. 10, 2019
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