Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C054718
|
American Board of Cosmetic Surgery v. Medical Board of California
Medical Board of California does not abuse discretion by denying plaintiff's application for specialty approval to advertise in 'Cosmetic Surgery.' |
Torts |
|
Apr. 30, 2008 | |
B198533
|
Rodriguez v. Bank of the West
Bank that contracts with client--office manager who opened fraudulent accounts--owes duty of care to customer, not lawyer whose money she stole. |
Torts |
|
Apr. 28, 2008 | |
05-56653
|
Bank of New York v. Fremont General Corp.
Bank proves corporate parent intentionally interferes with contract by transferring funds held in custodial account to pay workers compensation claims. |
Torts |
|
Apr. 28, 2008 | |
B204061
|
Little Company of Mary Hospital v. Superior Court (Marin)
Religious health care providers may invoke Code of Civil Procedure Section 425.14 to require substantiation of punitive damages claim by plaintiff. |
Torts |
|
Apr. 24, 2008 | |
B192342
|
SC Manufactured Homes Inc. v. Liebert
Plaintiff fails to show that mobile park and numerous dealers were involved in illegal tying arrangement. |
Torts |
|
Apr. 23, 2008 | |
06-56843
|
Foster v. U.S.
'Detention of goods' exception to Federal Torts Claims Act applies where government seizes property for purposes of criminal investigation, not forfeiture. |
Torts |
|
Apr. 17, 2008 | |
B197536
|
Martinelli v. Interntational House USA
Alleged defamatory communication is not considered 'published' where it is sent to general fax machine in plaintiff's office. |
Torts |
|
Apr. 15, 2008 | |
A115296
|
Cerna v. City of Oakland
City and school district are not liable for negligence where motorist strikes six pedestrians in marked crosswalk 50 feet from school. |
Torts |
|
Apr. 15, 2008 | |
06-15860
|
SDV/ACCI Inc. v. AT&T Corp.
Plaintiff presents enough evidence of malice to survive summary judgment in defamation case. |
Torts |
|
Apr. 14, 2008 | |
06-16028
|
Blazevska v. Raytheon Aircraft Co.
Plaintiffs' suit against aircraft company is barred by GARA, statute that bars suits brought more than 18 years after plane is delivered. |
Torts |
|
Apr. 11, 2008 | |
D045154
|
Buell-Wilson v. Ford Motor Co.
Evidence at trial did not create significant risk that jury, in deciding punitive damage award, punished defendant for harm it caused to third parties. |
Torts |
|
Apr. 11, 2008 | |
B187173
|
Miller v. American Greetings Corp.
Employer is entitled to summary judgment where plaintiffs offer no evidence that defendant caused traffic accident within course and scope of employment. |
Torts |
|
Apr. 9, 2008 | |
05-35648
|
Phillips v. E.I. DuPont de Nemours & Co.
Plutonium producers who helped make atomic bomb are not entitled to immunity under government contractor defense for liability arising from radioiodine exposure. |
Torts |
|
Apr. 7, 2008 | |
C052530
|
Prince v. Sutter Health Central
Unlicensed social worker, registered with Board of Behavioral Sciences, is 'health care provider' under Medical Injury Compensation Reform Act of 1975. |
Torts |
|
Apr. 7, 2008 | |
D049471
|
Keener v. Jeld-Wen Inc.
Where juror changes his vote, his prior vote no longer counts because he can dissent from verdict up until last moment. |
Torts |
|
Apr. 4, 2008 | |
S139184
|
Johnson v. American Standard Inc.
Sophisticated user defense defeats all causes of action for defendant manufacturer's alleged failure to warn. |
Torts |
|
Apr. 4, 2008 | |
A116523
|
Garza v. Asbestos Corp. Ltd.
'Arena v. Owens-Corning Fiberglass Corp.' properly held that strict liability can apply to suppliers of defective raw materials, such as asbestos. |
Torts |
|
Apr. 4, 2008 | |
G038322
|
Flores v. Autozone West Inc.
Summary judgment is improper in case alleging respondeat superior liability based on altercation that arises from employment and leads to injury. |
Torts |
|
Mar. 31, 2008 | |
A116523
|
Garza v. Asbestos Corp. Ltd.
'Arena v. Owens-Corning Fiberglass Corp.' properly held that strict liability can apply to suppliers of defective raw materials, such as asbestos. |
Torts |
|
Mar. 31, 2008 | |
F052102
|
Patterson Flying Service v. California Dept. of Pesticide Regulation
Pesticide distributor is properly fined for allowing drift from target site in conflict with proscription in label directions for aerial application. |
Torts |
|
Mar. 28, 2008 | |
F050528
|
Garcia v. Paramount Citrus Association Inc.
Landowner does not owe duty of care to injured plaintiff when burden imposed is high and road is not open to public. |
Torts |
|
Mar. 27, 2008 | |
B193104
|
Ayala v. Arroyo Vista Family Health Center
Jury instruction must be supported by expert testimony that medical history and physical examination are medically accepted alternative methods of diagnosis. |
Torts |
|
Mar. 17, 2008 | |
D045154
|
Buell-Wilson v. Ford Motor Co.
Evidence at trial did not create significant risk that jury, in deciding punitive damage award, punished defendant for harm it caused to third parties. |
Torts |
|
Mar. 12, 2008 | |
B175953
|
Holdgrafer v. Unocal Corp.
Due process proscribes consideration of 'dissimilar acts' in deciding punitive damages based on Unocal's reprehensibility in contaminating plaintiffs' property. |
Torts |
|
Mar. 6, 2008 | |
B195284
|
Padilla v. Rodas
Homeowners did not have duty to supervise child who fell in pool where his parent was there at time of accident. |
Torts |
|
Mar. 4, 2008 | |
B200690
|
Henry v. Superior Court (Reinink)
Defendant in personal injury suit is entitled to reduce exposure to noneconomic damages by proving hospital shares fault for plaintiff's aggravated injuries. |
Torts |
|
Feb. 26, 2008 | |
B190318
|
Canister v. Emergency Ambulance Service
EMT's are health care providers whose negligent operation of ambulance during transport of arrestee qualifies as professional negligence subject to MICRA limitations. |
Torts |
|
Feb. 25, 2008 | |
06-15033
|
Terbush v. United States
Government agency’s alleged negligence in maintaining wastewater system may be covered by discretionary function exception to Federal Tort Claims Act. |
Torts |
|
Feb. 21, 2008 | |
A117221
|
Whitlock v. Foster Wheeler
New trial is properly granted where court's finding of prejudicial juror misconduct is not abuse of discretion. |
Torts |
|
Feb. 19, 2008 | |
A116938
|
Cohen v. Five Brooks Stable
Signed release did not clearly inform plaintiff that its purpose and effect was to exempt defendant from liability for its own negligence. |
Torts |
|
Feb. 18, 2008 |