Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B229109
|
Flores v. Kmart Corp.
Defendant fails to demonstrate that reorganization plan approval barred wrongful death claim where record did not show whether plaintiffs' identities were reasonably ascertainable. |
Torts |
|
Jan. 26, 2012 | |
B227518
|
Little v. Amber Hotel Co.
Tortious interference with contract claim does not fail when third party impaired attorney's lien on attorney fee award made by court in underlying action. |
Torts |
|
Jan. 18, 2012 | |
S177401
|
O'Neil v. Crane Co.
Manufacturers are not strictly liable for asbestos containing components used with their products where their own products did not cause asbestos exposure. |
Torts |
|
Jan. 13, 2012 | |
F060420
|
Walker v. Sonora Regional Medical Center
Hospital that provides clinical laboratory testing to patient does not owe patient duty to directly inform her of results, which is her doctor’s duty. |
Torts |
|
Jan. 13, 2012 | |
B226074
|
Moody v. Bedford
One-action rule does not apply to pre-litigation settlement with insurer and thus, does not bar decedent’s heirs’ subsequent wrongful death claim against tortfeasor. |
Torts |
|
Jan. 10, 2012 | |
B221409
|
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 |
|
Jan. 9, 2012 | |
B227518
|
Little v. Amber Hotel Co.
Tortious interference with contract claim does not fail when third party impaired attorney's lien on attorney fee award made by court in underlying action. |
Torts |
|
Dec. 23, 2011 | |
F058568
|
Ceja v. Dept. of Transportation
History of accidents, which occurred prior to substantial change in highway, may be excluded where history did not prove current dangerous condition. |
Torts |
|
Dec. 20, 2011 | |
B225885
|
Strong v. State of California
State is immune from liability for officer’s negligent spoliation of evidence given that there is no tort action for negligent spoliation of evidence. |
Torts |
|
Dec. 19, 2011 | |
D054677
|
Gonzalez v. Southern California Gas Co.
Natural gas distributor does not owe legal duty of care to driver, who died after striking gas meter assembly located substantial distance from street on private property. |
Torts |
|
Dec. 15, 2011 | |
09-16362
|
Levin v. United States
Gonzalez Act does not waive government’s sovereign immunity as to common law battery claims, which Federal Tort Claims Act preserves. |
Torts |
|
Nov. 25, 2011 | |
A131333
|
Gravelin v. Satterfield
Hirers are not liable for independent contractor’s injury where hazard was created by contractor’s own misuse. |
Torts |
|
Nov. 16, 2011 | |
F060582
|
Sanchez v. Strickland
Plaintiff may recover medical services rendered, billed, and later gratuitously written off by medical provider as benefit recoverable under collateral source rule. |
Torts |
|
Nov. 8, 2011 | |
10-15561
|
Roberts v. McAfee Inc.
Anti-SLAPP motion to strike malicious prosecution claims should have been granted where company had probable cause to accuse former general counsel of participating in illegal backdating. |
Torts |
|
Nov. 8, 2011 | |
E052434
|
Vogt v. Herron Construction Inc.
Subcontractor may be held vicariously liable where its employee ran over another subcontractor's employee while moving his personal truck on worksite. |
Torts |
|
Nov. 3, 2011 | |
B226977
|
Yuin University v. Korean Broadcasting System
Broadcast’s statements describing school as ‘vacant, suspected degree factory’ are not defamatory where used as hyperbolic speech in support of program’s opinion. |
Torts |
|
Nov. 1, 2011 | |
B219261
|
Cadam v. Somerset Gardens Townhouse HOA
Property owner is not liable for injuries sustained in fall caused by walkway separation, which was less than an inch in depth. |
Torts |
|
Oct. 31, 2011 | |
B224748
|
Amezcua v. Los Angeles Harley-Davidson
Motorcyclist may not recover for injuries suffered during organized group motorcycle ride where he assumed risk in activity, which organizer did not increase. |
Torts |
|
Oct. 28, 2011 | |
02-56256
|
Sarei v. Rio Tinto PLC
Alien Tort Statute gives court jurisdiction over claims of genocide, which fall within limited category of claims for violations of internationally accepted norms. |
Torts |
|
Oct. 26, 2011 | |
B226977
|
Yuin University v. Korean Broadcasting System
Broadcast’s statements describing school as ‘vacant, suspected degree factory’ are not defamatory where used as hyperbolic speech in support of program’s opinion. |
Torts |
|
Oct. 5, 2011 | |
G044252
|
Johnson v. Chiu
Patient who suffered injuries during skin treatment may proceed on merits of negligent maintenance claim despite court’s dismissal of medical malpractice claim. |
Torts |
|
Oct. 2, 2011 | |
B224207
|
Lefebvre v. Lefebvre
Anti-SLAPP motion to strike malicious prosecution claim is properly denied where filing of false police report did not arise from exercise of free speech. |
Torts |
|
Sep. 28, 2011 | |
C061163
|
Hennigan v. White
Summary adjudication is proper where defendant showed that failure to perform patch test would not have revealed plaintiff’s subsequent allergic reaction to tattooing. |
Torts |
|
Sep. 20, 2011 | |
A131349
|
Bailey v. Safeway Inc.
Manufacturer of defective product and assignee cannot seek equitable indemnity against non-negligent retailer, whose fault rested solely on strict product liability theory. |
Torts |
|
Sep. 16, 2011 | |
10-35458
|
Adams v. United States
Federal government properly invokes statute of limitations in Federal Tort Claims Act by sending denial letters that qualified as certified mail. |
Torts |
|
Sep. 9, 2011 | |
09-56858
|
Phifer v. Icelandair
Plaintiff does not have to prove that airline violated Federal Aviation Administration standards to establish 'accident' under Article 17 of Montreal Convention. |
Torts |
|
Sep. 2, 2011 | |
C063434
|
Salas v. California Dept. of Transportation
Public entity establishes that no dangerous condition of public property exists by proving that physical characteristics did not expose users to increased danger. |
Torts |
|
Aug. 31, 2011 | |
B225418
|
Jones v. ConocoPhillips
Product liability claim based on toxic material exposure need not identify specific toxin, only specific product, at pleading stage of proceedings. |
Torts |
|
Aug. 31, 2011 | |
09-55586
|
Manufactured Home Communities Inc. v. County of San Diego
Anti-SLAPP motion to strike defamation claim is proper where plaintiff failed to show substance of statements at issue were false. |
Torts |
|
Aug. 29, 2011 | |
D057852
|
Carter v. Prime Healthcare Paradise Valley LLC
Plaintiff’s failure to prove that caretaker’s neglect as to elderly father amounted to egregious conduct defeats elder abuse claim under Elder Abuse Act. |
Torts |
|
Aug. 25, 2011 |