Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G044107
|
Vaca v. Wachovia Mortgage Corp.
Three-year statute of limitations bars plaintiff's claims despite ignorance of defendant’s role in fraudulent transactions, which prior suit was based on. |
Torts |
|
Aug. 24, 2011 | |
S182508
|
Seabright Insurance Co. v. US Airways Inc.
Employee of independent contractor may not sue party that hired contractor on theory that hiring party failed to comply with workplace safety requirements. |
Torts |
|
Aug. 23, 2011 | |
S179115
|
Howell v. Hamilton Meats & Provisions Inc.
Collateral-source rule does not preclude write-offs from medical care providers because plaintiff never incurred liability for original amount of medical bills. |
Torts |
|
Aug. 19, 2011 | |
B222596
|
Bullock v. Philip Morris USA Inc.
Multi-million dollar punitive damages award against cigarette manufacturer is not unconstitutionally excessive where company's conduct was highly reprehensible. |
Torts |
|
Aug. 18, 2011 | |
10-55037
|
United States v. Corinthian Colleges
Inclusion of recruiter performance rating does not conclusively determine whether institution’s compensation method falls within Higher Education Act’s safe harbor provision. |
Torts |
|
Aug. 15, 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. 15, 2011 | |
B220270
|
Hartt v. County of Los Angeles
County is immune from dangerous condition claim where claim was based on accident that occurred on recreational park trail. |
Torts |
|
Aug. 5, 2011 | |
E049411
|
Mansur v. Ford Motor Co.
Court properly precludes use of ‘consumer expectations test of design defect’ where accident involved complex evaluation of product’s safety. |
Torts |
|
Aug. 4, 2011 | |
10-35175
|
Jachetta v. United States
Federal Torts Claims Act provides waiver of government’s sovereign immunity for plaintiff’s nuisance and breach of fiduciary duties claims under state tort law. |
Torts |
|
Aug. 2, 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 |
|
Jul. 27, 2011 | |
10-15975
|
Del Webb Communities Inc. v. Partington
Injunction prohibiting company from using ‘illegal, unlicensed and false practices’ in performing building inspections is too vague to define prohibited future conduct. |
Torts |
|
Jul. 21, 2011 | |
09-56092
|
Myers v. United States
U.S. does not act 'reasonably' in fulfilling its duty to ensure that independent contractor used proper precautions during soil remediation project. |
Torts |
|
Jul. 18, 2011 | |
10-235
|
CSX Transportation Inc. v. McBride
Causation standard in Federal Employers' Liability Act requires that railroad 'caused or contributed' to injury, and does not incorporate 'proximate cause.' |
Torts |
|
Jun. 23, 2011 | |
09-993
|
PLIVA Inc. v. Mensing
Federal drug regulations preempt state drug labeling law, which requires manufacturers to independently change labels to render them reasonably safe. |
Torts |
|
Jun. 23, 2011 | |
S181627
|
Diaz v. Carcamo
Court may not admit evidence of employee’s driving record supporting plaintiff’s negligent hiring claim where employer has already admitted vicarious liability. |
Torts |
|
Jun. 23, 2011 | |
10-35313
|
Oswalt v. Resolute Industries Inc.
Court errs in granting summary judgment on defective design issue despite manufacturer’s compliance with applicable safety standards. |
Torts |
|
Jun. 16, 2011 | |
B219499
|
Lopez v. City of Los Angeles
Wrongful death suit is properly dismissed where evidence shows officers use of deadly force during standoff was reasonable. |
Torts |
|
Jun. 13, 2011 | |
H034535
|
Nalwa v. Cedar Fair L.P.
Riding bumper cars in amusement park is not activity carrying ‘inherent risk’ barring park’s liability for personal injury. |
Torts |
|
Jun. 12, 2011 | |
B229437
|
Adams v. Superior Court (Centinella Freeman Regional Medical Center)
Court errs in abating administrator’s wrongful death and survival actions since petitioner need not join all heirs and claims survived decedent’s death. |
Torts |
|
Jun. 3, 2011 | |
A128296
|
Kimes v. Grosser
Owner of injured pet animal with little market value can recover reasonable and necessary costs attributable to injury. |
Torts |
|
Jun. 2, 2011 | |
B226243
|
Mealy v. B-Mobile Inc.
Husband suffers compensable claim for loss of consortium despite testimony that his relationship with his wife was not hurt after her accident. |
Torts |
|
May 25, 2011 | |
C064947
|
Price v. Operating Engineers Local Union No. 3
Court properly denies anti-SLAPP motion to strike defamation claim related to flyers distributed during labor strike where flyers were unrelated to labor dispute. |
Torts |
|
May 23, 2011 | |
B221096
|
Garcia v. Becker Bros. Steel Co.
Seller of used machinery does not owe duty to warn of risk of using equipment to subsequent users beyond immediate purchaser. |
Torts |
|
May 11, 2011 | |
S172023
|
Pooshs v. Philip Morris USA Inc.
Smoker’s claim for later-discovered lung cancer is not time-barred by earlier-discovered and time-barred illness because it is separate and distinct illness. |
Torts |
|
May 6, 2011 | |
C059259
|
Mendoza v. Wichmann
Defamation action is supported by probable cause where plaintiff knew that alleged defamatory statements in police report had previously been made by defendant. |
Torts |
|
May 4, 2011 | |
D055920
|
Tucker v. CBS Radio Stations Inc.
Duty of care does not extend to rescuer where injuries are not reasonably foreseeable, given extended sequence of events. |
Torts |
|
May 2, 2011 | |
B221206
|
E.M. v. Los Angeles Unified School District
Minor's application for leave to file late claim against school district in relation to molestation is timely where filed within one year of molestation. |
Torts |
|
Apr. 20, 2011 | |
D057709
|
Varshock v. California Dept. of Forestry and Fire Protection
Public entity is entitled to immunity where death resulted from firefighter’s allegedly negligent operation of motor vehicle while attempting to fight fire. |
Torts |
|
Apr. 20, 2011 | |
B221096
|
Garcia v. Becker Bros. Steel Co.
Seller of used machinery does not owe duty to warn of risk of using equipment to subsequent users beyond immediate purchaser. |
Torts |
|
Apr. 18, 2011 | |
B220863
|
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees. |
Torts |
|
Apr. 10, 2011 |