| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D019948
|
Gawara v. United States Brass Corp.
Homeowners alleging fraud in connection with defective plumbing must show actual reliance on misrepresentations. |
Torts |
|
May 6, 1999 | |
|
B108471
|
Kotler v. Alma Lodge
Residential care facility isn't shielded by damage limits of Medical Injury Compensation Reform Act. |
Torts |
|
May 6, 1999 | |
|
b120358
|
Sipple v. Foundation for National Progress
Anti-Strategic Lawsuit Against Public Participation statute protects magazine against defamation claim by public figure featured in article alleging domestic violence. |
Torts |
|
May 6, 1999 | |
|
B107706
|
McDonald v. Southern Pacific Transportation Co.
Jury discussing evidence not presented at trial during deliberations constitutes jury misconduct requiring new trial. |
Torts |
|
May 6, 1999 | |
|
98-15281
|
Silva v. Rotkin
One year limitations period under Tort Claims Act applies to actions under federal civil rights statute. |
Torts |
|
Apr. 29, 1999 | |
|
G021750
|
Conroy v. Spitzer
Act forbidding strategic lawsuits against public participation bars defamation suit based on negative campaigning statements which has reliable basis. |
Torts |
|
Apr. 28, 1999 | |
|
98-6096
|
Hill v. Noram Investments
Order |
Torts |
|
Apr. 28, 1999 | |
|
S067733
|
Barris v. County of Los Angeles
Liability cap on professional negligence claim applies to noneconomic damage award for violation of Emergency Medical Treatment and Active Labor Act. |
Torts |
|
Apr. 22, 1999 | |
|
A078295
|
Wilson, McCall & Daoro v. American Qualified Plans Inc.
If innocent indemnitee has to defend itself due to indemnitor's negligence, attorney fees are recoverable. |
Torts |
|
Apr. 21, 1999 | |
|
A081178
|
Monarch v. Southern Pacific Transportation Co.
Federal Employers' Liability Act pre-empts injured railroad employee's state law intentional tort claim of fraudulent concealment. |
Torts |
|
Apr. 21, 1999 | |
|
A078552
|
Merlet v. Rizzo
Failed application for order for writ of sale can't support later claim for malicious prosecution. |
Torts |
|
Apr. 19, 1999 | |
|
H015496
|
Andres v. Young Men's Christian Association
Failure to provide lifeguard or supervisor for shower room Jacuzzi isn't negligence per se. |
Torts |
|
Apr. 19, 1999 | |
|
A078201 and A078305
|
Sagonowsky v. More
Favorable outcome in private, contractual arbitration doesn't support subsequent malicious prosecution action. |
Torts |
|
Apr. 19, 1999 | |
|
A076156
|
Gutierrez v. Cassiar Mining Corp.
Jury instructions in asbestos cases must provide guidance regarding pre-existing conditions. |
Torts |
|
Apr. 19, 1999 | |
|
96-56300
|
Dodds v. SVW American Broadcasting Co.
Broadcasting company's recount of third party statements in televised report doesn't support defamation action. |
Torts |
|
Apr. 19, 1999 | |
|
A079918
|
Patterson v. City of Livermore
Bicycling accident described in complaint didn't necessarily involve a 'hazardous recreational activity.' |
Torts |
|
Apr. 19, 1999 | |
|
H015496
|
Andres v. Young Men's Christian Association
Failure to provide lifeguard or supervisor for shower room Jacuzzi isn't negligence per se. |
Torts |
|
Apr. 19, 1999 | |
|
G017409
|
Davis v. Shiley Incorporated, Inc.
California's governmental interests warrant application of its statute of limitations to fraud action. |
Torts |
|
Apr. 15, 1999 | |
|
B114300
|
Martinez v. Vintage Petroleum, Inc.
No liability for negligent oil company when superseding act of third party causes an explosion. |
Torts |
|
Apr. 14, 1999 | |
|
B118244
|
Hernandez v. Garcetti
Statute of limitation for negligent third party spoliation suit starts to run upon discovery of actual harm. |
Torts |
|
Apr. 14, 1999 | |
|
B114300
|
Martinez v. Vintage Petroleum, Inc.
No liability for negligent oil company when superseding act of third party causes an explosion. |
Torts |
|
Apr. 14, 1999 | |
|
B111638
|
Dillingham Construction N.A. Inc. v. Nadel Partnership Inc.
Where settlement payment isn't allocated, non-settling defendant's equitable indemnity obligation can't exceed damages actually caused. |
Torts |
|
Apr. 14, 1999 | |
|
B103103
|
International Engine Parts Inc. v. Fedderson and Co.
Judicial estoppel bars tort claim after plaintiff denies claim's existence in course of bankruptcy proceedings. |
Torts |
|
Apr. 14, 1999 | |
|
S050870
|
Toland v. Sunland Housing Group Inc.
Workers' Compensation Act bars all suits by contractor's employees against hiring party under peculiar risk doctrine. |
Torts |
|
Apr. 14, 1999 | |
|
F026343
|
Mariani v. Price Waterhouse
Summary judgment properly granted when there's no evidence that defendant intended to induce reliance. |
Torts |
|
Apr. 14, 1999 | |
|
B116352
|
Bardin v. Lockheed Aeronautical Systems Co.
Absolute privilege exists for employers providing false and misleading information regarding former employees despite Government Code qualified privilege rule. |
Torts |
|
Apr. 14, 1999 | |
|
G018750
|
McComber v. Wells
Pre-verdict settlement between co-defendants and plaintiff may be used to reduce economic damages against non-settling defendant. |
Torts |
|
Apr. 14, 1999 | |
|
G018209
|
Smith v. Golden Eagle Insurance Co.
Going to trial on personal injury claim after unsuccessful settlement attempt bars subsequent breach of contract claim. |
Torts |
|
Apr. 14, 1999 | |
|
H015564
|
Ortega v. Pajaro Valley Unified School District
School district estopped from asserting statute of limitations against one of two children molested by teacher. |
Torts |
|
Apr. 13, 1999 | |
|
H015564
|
Ortega v. Pajaro Valley Unified School District
School district estopped from asserting statute of limitations against one of two children molested by teacher. |
Torts |
|
Apr. 13, 1999 |
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