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Tamas v. Dept. of Social Health and Services
Court must apply standard for defeating qualified immunity requiring awareness of facts from which inference of substantial risk of harm to victims can be drawn. 		Torts Dec. 22, 2010
Ennabe v. Manosa
Charging admission fees later used to purchase communal alcohol does not constitute 'selling' of alcoholic beverages that would subject social host to civil liability. 		Torts Dec. 20, 2010
Jacobs Farm/Del Cabo Inc. v. Western Farm Service Inc.
Statutory scheme governing pesticide use in California does not displace common law tort claims, even if claims related to place of pesticide application. 		Torts Dec. 20, 2010
Robinson v. Endovascular Technologies Inc.
State product liability claims that medical device is unsafe is preempted by federal law where FDA granted investigational device exemption approval. 		Torts Dec. 20, 2010
MDY Industries LLC v. Blizzard Entertainment Inc.
Court errs in granting summary judgment on tortious interference claim in relation to program that automatically plays online game, where triable issues existed. 		Torts Dec. 14, 2010
Krottner v. Starbucks Corp.
Employees’ concern over increased risk of future identity theft stemming from stolen laptop is cognizable injury sufficient to confer standing on plaintiffs. 		Torts Dec. 14, 2010
Overhill Farms Inc. v. Lopez
Accusation that employer engaged in mass termination based on racist and ageist motivations constitutes provable fact, which is sufficient to overcome anti-SLAPP motion. 		Torts Dec. 14, 2010
Affiliated FM Insurance Co. v. LTK Consulting Services Inc.
Party with contractual right to operate on another's property may bring suit in tort against third party for damage to that property. 		Torts Dec. 7, 2010
Lujano v. County of Santa Barbara
Plaintiff's excessive force claim is barred because her acceptance of informal probation did not constitute favorable termination allowing for civil tort liability. 		Torts Dec. 5, 2010
Ennabe v. Manosa
Charging admission fees later used to purchase communal alcohol does not constitute 'selling' of alcoholic beverages that would subject social host to civil liability. 		Torts Dec. 1, 2010
Rodriguez v. Lockheed Martin Corp.
Court’s denial of summary judgment on government-contractor defense is not based on denial of immunity, and therefore, not appealable until case’s conclusion. 		Torts Nov. 30, 2010
Boblitt v. Boblitt
Judgment in dissolution proceeding where domestic violence claim was litigated in relation to spousal support does not preclude later tort action for domestic violence. 		Torts Nov. 30, 2010
Stewart v. Union Carbide Corp.
Court properly refuses to instruct jury on 'sophisticated purchaser defense' where proposed instruction was not based on theory that plaintiff had knowledge. 		Torts Nov. 16, 2010
Smith v. Adventist Health System/West
Defendant’s anti-SLAPP motion is properly denied where defendant failed to show it engaged in protected activity to deny doctor’s reinstatement. 		Torts Nov. 16, 2010
Doe v. Roman Catholic Bishop of Sacramento
Fraud claim is barred by statute of limitations where plaintiff failed to investigate whether her children were molested despite notice of suspected abuse. 		Torts Nov. 10, 2010
Wong v. Jing
Court properly denies anti-SLAPP motion on libel claim where plaintiff established prima facie showing of probable success on merits. 		Torts Nov. 9, 2010
Howe v. Seven Forty Two Co. Inc.
Plaintiff is entitled to rely on inference of negligence even if presumption established under res ipsa loquitur disappeared. 		Torts Nov. 7, 2010
C.A. v. William S. Hart Union High School District
School district is not liable for guidance counselor’s sexual misconduct with student where plaintiff failed to show how misconduct fell within counselor's employment. 		Torts Nov. 7, 2010
Antounian v. Louis Vuitton Malletier
Anti-SLAPP motions to strike malicious prosecution action are properly granted where denial of summary judgment motion showed probable cause. 		Torts Oct. 21, 2010
Huitt v. Southern California Gas Co.
Failure to warn that new steel gas pipes adsorb odorant in natural gas is not cause of accident because plaintiffs were unable to acquire warning. 		Torts Oct. 7, 2010
Ramirez v. Wong
Claim under Civil Code Section 51.7 for right to be free from threat of violence must involve intimidation to state cause of action. 		Torts Oct. 6, 2010
In re The Clergy Cases I
Compelling social interest in protecting children from molestation outweighs alleged perpetrators' privacy interests in confidential files. 		Torts Sep. 30, 2010
Bailey v. United States
Discretionary function exception to liability under Federal Tort Claims Act applies to claim alleging agency negligently failed to replace warnings regarding submerged dam. 		Torts Sep. 29, 2010
Philip Morris USA Inc. v. Scott
Stay is granted for judgment pending certiorari review where due process violation issue will likely be granted review with possibility of reversal. 		Torts Sep. 28, 2010
Flores v. Enterprise Rent-A-Car Co.
Car rental company does not have duty to perform electronic driver’s license check to determine renter’s previous convictions for driving under influence. 		Torts Sep. 28, 2010
Flores v. Enterprise Rent-A-Car Co.
Car rental company does not have duty to perform electronic driver’s license check to determine renter’s previous convictions for driving under influence. 		Torts Sep. 23, 2010
Perez v. VAS S.p.A.
Court’s error in shifting burden to plaintiff in products liability case is not prejudicial in light of evidence of superseding cause of injury. 		Torts Sep. 20, 2010
Lu v. Powell
Court allows state law claims against United States alleging liability for abuses committed by asylum officer who bribed and molested victims. 		Torts Sep. 3, 2010
Miranda v. Bomel Construction Co. Inc.
Plaintiff fails to prove that contractors proximately caused his infectious fungal disease by stockpiling excess dirt on vacant lot near his workplace. 		Torts Aug. 31, 2010
Saller v. Crown Cork & Seal Co. Inc.
Jury should decide whether asbestos-containing products contain design defects based on consumer expectations test. 		Torts Aug. 30, 2010
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