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Siebel v. Mittlesteadt
Trial court erred in granting summary judgment for defendants in malicious prosecution action on ground plaintiff failed to achieve favorable outcome of underlying suit.
Torts Oct. 8, 2004
Verizon Delaware Inc. v. Covad Communications Co.
Filed-rate doctrine prevents the recovery of any charge not specified in relevant tariff.
Torts Oct. 7, 2004
Shekhter v. Seneca Structural Design Inc.
Building owners can recover in negligence for faulty design and engineering that caused damage only to repaired portion of building.
Torts Oct. 7, 2004
Martinez v. Chippewa Enterprises Inc.
Plaintiff who slipped on obviously wet ground may sue property owner for premises liability.
Torts Oct. 7, 2004
Kesmodel v. Rand
Citizen's arrest is conduct, not communication in official proceeding, providing no immunity for false imprisonment.
Torts Oct. 6, 2004
City of Modesto Redevelopment Agency v. Superior Court (Dow Chemical Co.)
Torts Oct. 4, 2004
Petrou v. South Coast Emergency Group
Expert with substantial experience five years prior to time of alleged malpractice is qualified to testify in action against emergency-room doctor.
Torts Sep. 26, 2004
Munoz v. City of Union City
Verdict against city is invalid because direct negligence theory advanced by plaintiffs was not grounded on violation of statutory duty by public entity.
Torts Sep. 24, 2004
Ewing v. Northridge Hospital Medical Center
Expert witness is not needed to challenge psychotherapist's immunity from claim of failure to warn.
Torts Sep. 24, 2004
Vega v. Jones, Day, Reavis & Pogue
Shareholder alleging law firm concealed 'toxic' terms in company merger prevails on fraud claim.
Torts Sep. 23, 2004
Goehring v. Chapman University
Students alleging they had been defrauded by unaccredited law school failed to establish damages.
Torts Sep. 23, 2004
Henley v. Philip Morris Inc.
Plaintiff's punitive damages award against cigarette manufacturer is reduced to $9 million.
Torts Sep. 22, 2004
Mesa Vista South Townhome Association v. California Portland Cement
Supplier of housing concrete that sustained submicroscopic damage is liable for negligence.
Torts Sep. 2, 2004
Titus v. Canyon Lake Property Owners Assn.
Property owner's association not responsible for death caused by intoxicated driver who lives in community.
Torts Aug. 24, 2004
Islas v. D & G Manufacturing Co. Inc.
Plaintiff was improperly denied jury trial in negligence case where conflicting inferences were drawn from facts.
Torts Aug. 24, 2004
Waste Management Inc. v. Superior Court (Guzman de Peralta)
Parent corporation isn't liable for wrongful death of subsidiary's employee under parent-subsidiary relationship.
Torts Aug. 23, 2004
Peart v. Ferro
Plaintiff who was injured while using Sea-Doo personal watercraft assumed risk of recreational water sport.
Torts Aug. 23, 2004
City of Modesto Redevelopment Agency v. Superior Court (Dow Chemical Co.)
Chemical companies may be liable under Polanco Act for contamination caused by dry cleaning solvents.
Torts Aug. 23, 2004
Lewis v. Chevron USA Inc.
Prior owner of property is not liable for injuries caused by defective condition after relinquishing ownership and control of property.
Torts Aug. 23, 2004
BFGC Architects Planners Inc. v. Forcum/Mackey Construction Inc.
Architect's claim for equitable indemnity against building contractor requires predicate tort.
Torts Aug. 23, 2004
Lockheed Martin Corp. v. Superior Court (Adams)
Trial court erred by finding notice of toxic contamination was insufficient to place reasonable person on notice of personal injury claims.
Torts Aug. 20, 2004
Bushling v. Fremont Medical Center
Plaintiff failed to establish triable issue of material fact in medical malpractice action.
Torts Aug. 16, 2004
Kadish v. Jewish Community Centers of Greater Los Angeles
Community center isn't liable for failing to provide adequate security measures against violent criminal assault that wasn't reasonably foreseeable.
Torts Aug. 13, 2004
Reeves v. Hanlon
Attorneys' direct solicitation of former employers' clients supports finding of tortious interference with contractual relationships.
Torts Aug. 10, 2004
Traditional Cat Association Inc. v. Gilbreath
Allegedly defamatory statements posted on Internet are subject to 'single publication' rule.
Torts Jul. 30, 2004
Vine v. Bear Valley Ski Co.
Trial court's refusal to instruct jury on assumption of risk was reversible error.
Torts Jul. 30, 2004
Vasquez v. Residential Investments Inc.
Apartment building owners had duty to take minimally burdensome steps to repair broken pane in front door.
Torts Jul. 29, 2004
Mesa Vista South Townhome Assn. v. California Portland Cement Co.
Supplier of housing concrete that sustained submicroscopic damage is liable for negligence.
Torts Jul. 29, 2004
Intrieri v. Superior Court (Ocadian Care Centers Inc.)
Court erred in granting summary adjudication to nursing home when triable issues of fact existed in elder abuse case.
Torts Jul. 29, 2004
Nelson v. County of Los Angeles
Parents who had occasional contact with deceased son are not entitled to $2 million damage award in wrongful death action.
Torts Jul. 29, 2004