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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
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
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