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Name Category Published
Louie v. Gdowski
Homeowner whose landscaping increased flood damage to neighbor is subject to more stringent standard of liability than negligence.
Torts Jan. 4, 2001
Farnam v. State of California
Suit by city police officer bitten by CHP police dog is barred by assumption of risk doctrine.
Torts Jan. 4, 2001
Aas v. Superior Court (In re William Lyon Co.)
Construction defects that do not cause physical damage do not support claim of negligence or strict liability.
Torts Jan. 4, 2001
Vickers v. U.S.
Failure of INS to investigate shooting incident may result in liability for subsequent incident.
Torts Jan. 3, 2001
Barella v. Exchange Bank
Confidentiality condition in defamation settlement offer renders it invalid for purposes of cost-shifting provisions of Code of Civil Procedure Section 998.
Torts Jan. 3, 2001
City of Vista v. Robert Thomas Securities, Inc.
Court errs in finding statute of limitations ran when cause of action does not accrue until damages have been sustained.
Torts Jan. 3, 2001
Huffman v. City of Poway
Actor injured while rehearsing play at city owned and operated facility has claims for premises liability and negligence against city and production company.
Torts Jan. 3, 2001
Harris v. Lammers
Court reverses award of noneconomic damages to injured owner of vehicle in accident where vehicle is uninsured.
Torts Jan. 3, 2001
Lombardo v. Albu
Real estate agent aware of client's potential inability to perform has duty to disclose client's financial condition to seller.
Torts Dec. 28, 2000
Ingram v. Muskogee Regional Medical Center
Summary judgment proper when insufficient evidence shown to create factual dispute within meaning of Emergency Medical Treatment and Active Labor Act.
Torts Dec. 28, 2000
Maria D. v. Westec Residential Security, Inc.
Private security company is not responsible for rape its security guard commits while on duty because crime is not part of job.
Torts Dec. 21, 2000
Kosman v. State
Inmate's failure to file claim before 180 day period expired may be excusable neglect, entitling him to doctrine of equitable tolling.
Torts Dec. 18, 2000
Bowman v. SP Pharmaceuticals
Order
Torts Dec. 12, 2000
O.J. of Stillwater Inc. v. Visiontrade AG
Order
Torts Dec. 12, 2000
Baumann v. Hall
Order
Torts Dec. 12, 2000
Jeffrey H. v. Imai Tadlock & Keeney
In deciding to dismiss invasion of privacy action, court should balance constitutional right to privacy with policies underlying litigation privilege.
Torts Dec. 11, 2000
Englert v. Carondelet Health Network
Court does not abuse discretion in ordering new trial when it allowed party to argue undisclosed affirmative defense to jury.
Torts Dec. 5, 2000
Maria D. v. Westec Residential Security, Inc.
Private security company is not responsible for rape its security guard commits while on duty because crime is not part of job.
Torts Dec. 3, 2000
O'Keefe v. Kompa
Appeal of attorney fees judgment doesn't automatically stay collection efforts when actions are privileged under CCP 47.
Torts Nov. 30, 2000
Hassoldt v. Patrick Media Group Inc.
Plaintiff may not sue in tort for alleged spoliation of evidence.
Torts Nov. 30, 2000
Rallis v. Cassady
In malpractice suit against several firms statute of limitations tolled for former law firm of attorney who continues representing client in same subject matter.
Torts Nov. 30, 2000
Heiner v. Kmart Corp.
Defendant that fails to object to evidence of plaintiff's lost profits is not entitled to review of compensatory damages award.
Torts Nov. 30, 2000
Marina Emergency Medical Group v. Superior Court (Charno)
Physician accused of negligence is entitled to introduce evidence of subsequent physician's aggravation of injury for calculation of noneconomic damages.
Torts Nov. 30, 2000
Wagner v. Apex Marine Ship Management Corp.
Time to commence litigation in asbestos related personal injury cases doesn't begin to run on separate and distinct related diseases until they become manifest.
Torts Nov. 30, 2000
Minster v. Contadina Foods Inc.
Employee of independent contractor may not pursue claim for negligent hiring against hirer of independent contractor.
Torts Nov. 30, 2000
Wagner v. Apex Marine Ship Management Corp.
Time to commence litigation in asbestos related personal injury cases doesn't begin to run on separate and distinct related diseases until they become manifest.
Torts Nov. 29, 2000
Lecates v. Barker
Order
Torts Nov. 21, 2000
Wheeler v. Ho Sports Inc.
Wakeboarding vest did not have manufacturing or design defect but could have provided inadequate warning.
Torts Nov. 14, 2000
Delta Fiberglass Structures Inc. v. U.S. Fidelity and Guaranty Co.
Order
Torts Nov. 12, 2000
United States v. Coastal Healthcare Group Inc.
Order
Torts Nov. 6, 2000