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Name Category Published
Bickel v. Sunrise Assisted Living
In elder abuse case, waiver in residency agreement of plaintiff’s statutory right to recover attorney fees and costs is contrary to public policy. 		Torts May 21, 2012
Chakalis v. Elevator Solutions Inc.
Defendants fail to meet burden of showing that non-party physician was comparatively at fault where there was no expert testimony as to causation. 		Torts May 20, 2012
JSJ Limited Partnership v. Mehrban
Voluntary dismissal of claim after trial court found res judicata barred it does not constitute favorable termination for purposes of malicious prosecution. 		Torts May 17, 2012
Bettencourt v. Hennessy Industries Inc.
Proposed amended complaint properly states strict liability and negligence claims against manufacturer of product, which caused asbestos exposure when used as intended with another product. 		Torts May 7, 2012
Shields v. Hennessy Industries Inc.
Manufacturer may be held strictly liable when its product contributed substantially to harm or it participated substantially in creating harmful combined use of products. 		Torts May 3, 2012
Beckwith v. Dahl
Tort of intentional interference with expected inheritance is recognized as valid cause of action because plaintiff’s interests are clearly entitled to legal protection. 		Torts May 3, 2012
Shields v. Hennessy Industries Inc.
Manufacturer may be held strictly liable when its product contributed substantially to harm or it participated substantially in creating harmful combined use of products. 		Torts Apr. 30, 2012
Cole v. Town of Los Gatos
Action for dangerous condition of public property must survive summary judgment when plaintiff presented evidence of condition and causal relationship. 		Torts Apr. 29, 2012
Johnson v. Alameda County Medical Center
County hospital is immune from psychiatric patient’s negligence claim based on injury following another patient's entry into her room due to misaligned door latch. 		Torts Apr. 26, 2012
Davis v. Foster Wheeler Energy Corp.
Plaintiffs' asbestos-related negligence case fails where it was based on contradictory testimony that failed to establish triable issue of fact. 		Torts Apr. 26, 2012
Mohamad v. Palestinian Authority
Torture Victim Protection Act of 1991 does not impose liability against organizations because term ‘individual’ under statute encompasses only natural persons. 		Torts Apr. 18, 2012
Stengel v. Medtronic Inc.
Food, Drug and Cosmetic Act preempts claims against medical device manufacturer because plaintiff asserted state tort law violations despite compliance with federal law. 		Torts Apr. 16, 2012
Johnson v. Ralphs Grocery Co.
Anti-SLAPP statute applies to malicious prosecution cause of action because communications in connection with matters related to lawsuits are privileged. 		Torts Apr. 5, 2012
Quarry v. Doe I
Statute of limitations bars childhood sexual abuse claims because 2002 amendment revived claims for only one year, during which plaintiffs’ did not file claims. 		Torts Mar. 29, 2012
Bates v. Presbyterian Intercommunity Hospital Inc.
Defendants can recover costs from plaintiff despite implied preclusion of award of attorney fees to prevailing defendants under Elder Protection Act. 		Torts Mar. 25, 2012
Sierra Pacific Holdings Inc. v. County of Ventura
Federal Aviation Administration safety standards in Advisory Circular do not preempt state tort law on standard of care for airport’s runway protection zone. 		Torts Mar. 20, 2012
Scharer v. San Luis Rey Equine Hospital Inc.
Statute that extends limitations period for professional negligence claims does not apply to claim against veterinarian for property damage following horse’s death. 		Torts Mar. 18, 2012
Sharrock v. United States
Government is not liable for accident caused by servicemember while en route to participate in recreational activity that was encouraged, but not required by Navy. 		Torts Mar. 14, 2012
Bates v. Presbyterian Intercommunity Hospital Inc.
Defendants can recover costs from plaintiff despite implied preclusion of award of attorney fees to prevailing defendants under Elder Protection Act. 		Torts Mar. 12, 2012
C.A. v. William S. Hart Union High School District
School district may be vicariously liable for negligence of administrators in hiring, supervising, and retaining employees due to special relationship between district and students. 		Torts Mar. 8, 2012
D.C. v. Oakdale Joint Unified School District
In tort claim action against school district, document that did not include date of board’s rejection is insufficient to give petitioner notice. 		Torts Mar. 4, 2012
Kurns v. Railroad Friction Products Corp.
Locomotive Inspection Act preempts state law design-defect and failure-to-warn claims falling within field of regulation for locomotives and locomotive parts. 		Torts Feb. 29, 2012
Marmet Health Care Center Inc. v. Brown
State’s prohibition of predispute arbitration of claims against nursing homes for wrongful death or personal injury is preempted by Federal Arbitration Act. 		Torts Feb. 22, 2012
Wang v. Heck
Neurologist’s DMV evaluation deeming epileptic patient safe to drive is privileged communication barring negligence claim filed against doctor after patient caused seizure-related accident. 		Torts Feb. 16, 2012
Howard v. Omni Hotels Management Corp.
Prior incidents of slipping at out-of-state hotel do not provide adequate notice of dangerous condition to hotel due to lack of substantial similarities. 		Torts Feb. 9, 2012
Getchell v. Rogers Jewelry
Where plaintiff presents evidence from which reasonable inference can be drawn that defendant or employees created dangerous condition, defendant is charged with notice of condition. 		Torts Feb. 8, 2012
Maxton v. Western States Metals
Absent extraordinary circumstances, suppliers of raw materials are not liable for injuries suffered by manufacturers' employees due to use of raw materials. 		Torts Feb. 2, 2012
Santillan v. The Roman Catholic Bishop of Fresno
In childhood sexual abuse case, court properly instructs jury that use of ambiguous evidence of molestation is insufficient for purposes of notice requirement in revival statute. 		Torts Feb. 2, 2012
Tverberg v. Fillner Construction Inc.
Hirer that negligently exercises retained control over jobsite safety and affirmatively contributes to independent contractor’s injury may be held directly liable for injury. 		Torts Jan. 30, 2012
Pearson v. Superior Court (Nicholson)
Only minor may void settlement agreement while petition of approval is pending and minor’s intervening death does not inure to benefit defendant. 		Torts Jan. 26, 2012
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