| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-17017
|
Cabrera v. Cordis Corporation
Relevant but cumulative evidence can be excluded in products-liability action against medical implant device manufacturer. |
Torts |
|
May 22, 1999 | |
|
95-56213
|
Toumajian v. Frailey
State-law accountant malpractice claim for bad advice about employee benefit plan isn't pre-empted by ERISA. |
Torts |
|
May 22, 1999 | |
|
S058207
|
Jones v. Kmart Corp.
Alleged shoplifter who won tort action for injuries suffered during search isn't entitled to attorney fees. |
Torts |
|
May 21, 1999 | |
|
B096717
|
Bohan v. Wong
Appeal of dismissal of medical malpractice case is dismissed as untimely. |
Torts |
|
May 21, 1999 | |
|
B113169
|
Domenghini v. Evans
Action for injury occurring while wrestling cattle is barred by primary assumption of risk doctrine. |
Torts |
|
May 21, 1999 | |
|
B109739
|
Zellers v. Playa Pacifica Ltd.
Individual hired by unlicensed independent contractor is limited to relief under Workers' Compensation Act for injuries. |
Torts |
|
May 21, 1999 | |
|
B109540
|
Ray v. First Federal Bank of California
Favorable termination occurs when appellate court affirms grant of summary judgment based on statute of limitations. |
Torts |
|
May 21, 1999 | |
|
H016390
|
Kockelman v. Segal
Health care providers aren't entitled to judgment in wrongful death action solely because decedent was outpatient. |
Torts |
|
May 21, 1999 | |
|
A075356 and A075424
|
Chazen v. Centennial Bank
Plaintiff adequately states conversion claim against bank based on charges against account by loan broker. |
Torts |
|
May 21, 1999 | |
|
S055373
|
Stop Youth Addiction Inc. v. Lucky Stores Inc.
Private corporation can bring action against retailer who sells cigarettes to minors. |
Torts |
|
May 20, 1999 | |
|
B111715
|
Michaelis v. Benavides
Action against president of company for negligence is not barred as action against corporate officer. |
Torts |
|
May 20, 1999 | |
|
B107591
|
Pattiz v. Minye
Dismissal for failure to comply with discovery orders doesn't constitute favorable termination for malicious prosecution. |
Torts |
|
May 20, 1999 | |
|
D023283
|
Artiglio v. General Electric Co.
Supplier of silicone used in manufacturing breast implants owes no duty of care to recipients of implants. |
Torts |
|
May 20, 1999 | |
|
B109104
|
Mabie v. Hyatt
Defendant who successfully defends a legitimate claim and a malicious claim may sue for malicious prosecution. |
Torts |
|
May 20, 1999 | |
|
C027893
|
City of South Lake Tahoe v. Superior Court (Markham)
Removal of stop sign doesn't create dangerous condition if no duty to provide stop sign. |
Torts |
|
May 20, 1999 | |
|
H017187
|
Benavidez v. San Jose Police Department
Police failure to protect woman and her son from brutal attack by boyfriend, doesn't create a 'special relationship' duty under negligence theory. |
Torts |
|
May 20, 1999 | |
|
98-7164
|
Barr v. United States of America
Order |
Torts |
|
May 19, 1999 | |
|
S067060
|
Delaney v. Baker
Damages for pain and suffering are permissible under Elder Abuse and dependent adult civil protection act. |
Torts |
|
May 13, 1999 | |
|
C026528
|
Ketchum v. State of California
Valid pursuit policy provides immunity against tort claims arising from high speed chase. |
Torts |
|
May 13, 1999 | |
|
C026528
|
Ketchum v. State of California
Valid pursuit policy provides immunity against tort claims arising from high speed chase. |
Torts |
|
May 12, 1999 | |
|
S067060
|
Delaney v. Baker
Under Elder Abuse Act, narrow interpretation of statute necessary to effect legislative purpose of imposing heightened civil remedies. |
Torts |
|
May 12, 1999 | |
|
97-15781
|
Baker v. Liberty Mutual Insurance Co.
Owner of rental car doesn't give implied permission for unlicensed minor to drive vehicle. |
Torts |
|
May 11, 1999 | |
|
S068330
|
Andreini v. San Mateo County Superior Court (Maurilio Solorio)
Homeowners can be sued by employee of uninsured independent contractor injured while working on home. |
Torts |
|
May 11, 1999 | |
|
S077391
|
Solano v. Abrenica
Duty owed where tennis player no longer participating in tennis activity struck by ball. |
Torts |
|
May 11, 1999 | |
|
97-0579
|
Harvest v. Craig
Doctor isn't entitled 'clear and convincing' standard of proof in medical malpractice action when facts support 'preponderance of evidence' standard of proof. |
Torts |
|
May 11, 1999 | |
|
G016807
|
Bonds v. Roy
Expert testimony may be excluded where expert witness declaration didn't provide fair notice of subject matter. |
Torts |
|
May 10, 1999 | |
|
S048596
|
Cedars-Sinai Medical Center v. Superior Court (Bowyer)
Intentional spoliation of evidence, discoverable during litigation, isn't an independent tort. |
Torts |
|
May 10, 1999 | |
|
B105689
|
Axline v. Saint John's Hospital and Health Center
Release from liability of hospital representatives and medical staff doesn't release hospital itself. |
Torts |
|
May 10, 1999 | |
|
A077005
|
Arena v. Owens Corning
Strict products liability and Proposition 51 both apply to suit against supplier of raw asbestos. |
Torts |
|
May 10, 1999 | |
|
G016576
|
Edson v. City of Anaheim
Plaintiff in wrongful death action involving police must prove that use of force was unreasonable. |
Torts |
|
May 10, 1999 |
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