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Rattagan v. Uber Technologies, Inc.
A plaintiff may assert a fraudulent concealment claim arising from the performance of a contract if the elements of the claim can be established independently and the tortious conduct exposes plaintiff to a risk of harm beyond the parties' reasonable contemplation. 		Torts, Contracts CASC Aug. 23, 2024
Ratha v. Rubicon Resources LLC
The Abolish Trafficking Reauthorization Act does not apply to events that occurred before its enactment. 		Civil Procedure, Torts 9th Aug. 1, 2024
Downey v. City of Riverside
Plaintiffs asserting bystander emotional distress claims are not required to show contemporaneous perception of the causal link between defendant's conduct and victim's injuries. 		Torts CASC Jul. 23, 2024
Bowen v. Burns & McDonnell Engineering Co. Inc.
Trial properly granted summary judgment where independent contractor raised no triable issue as to whether hirer affirmatively contributed to his injury. 		Torts 1DCA/1 Jul. 17, 2024
Modification: CBRE v. Superior Court (Johnson)
In a *Privette* delegation analysis, trial court erred by focusing on the timing of the execution of the contract, rather than the delegation implicit in turning over control of the work site. 		Torts 4DCA/1 Jul. 2, 2024
Chiaverini v. City of Napoleon
The presence of probable cause for one charge did not categorically defeat a Fourth Amendment malicious prosecution claim for an additional charge. 		Torts USSC Jun. 21, 2024
Gonzalez v. Trevino
The existence of probable cause does not defeat a plaintiff's claim for retaliatory arrest if evidence of a lack of arrests under the prohibition is produced. 		Torts USSC Jun. 21, 2024
Himes v. Somatics, LLC
Under the learned intermediary doctrine, a patient may establish causation in a failure-to-warn case where a prudent person would have declined the treatment had the physician communicated the stronger warning. 		Torts CASC Jun. 21, 2024
Chavez v. Alco Harvesting, LLC
Plaintiff properly pleaded that defendant fraudulently concealed, and exposed its employees to, COVID-19 outbreak. 		Torts 2DCA/6 Jun. 18, 2024
Audish v. Macias
Trial court did not abuse its discretion by admitting limited evidence about plaintiff's future eligibility for Medicare and expected amounts Medicare might pay for future medical services. 		Evidence, Torts 4DCA/1 Jun. 10, 2024
CBRE v. Superior Court (Johnson)
In a *Privette* delegation analysis, trial court erred by focusing on the timing of the execution of the contract, rather than the delegation implicit in turning over control of the work site. 		Torts 4DCA/1 Jun. 6, 2024
A.L. v. Harbor Developmental Disabilities Foundation
Regional Center had no duty to protect disabled individual from sexual assault by third-party vendor employee where employee had no previous history of questionable behavior. 		Torts 2DCA/2 Jun. 3, 2024
San Antonio Regional Hospital v. Superior Court (Musharbash)
Proffered declaration of nurse anesthetist was insufficient to demonstrate triable issue of fact regarding standard of care for a medical context outside her area of expertise. 		Health Care, Torts 4DCA/2 May 30, 2024
Jane Doe v. Fitzgerald
A mandatory stay for a civil action under the Trafficking Victims Protection Reauthorization Act does not require the defendant be named in the corresponding criminal action. 		Torts, Criminal Law and Procedure 9th May 28, 2024
Williams v. J-M Manufacturing Company
In an asbestos secondary exposure case, limitation on bystander liability in negligence cases did not apply in strict products liability context where focus was on foreseeability of use, rather than duty of care. 		Torts 1DCA/2 May 24, 2024
Shikha v. Lyft, Inc.
Lyft's legal duty to its drivers does not extend to conducting criminal background checks on all riders seeking to use the service. 		Torts 2DCA/3 May 21, 2024
Holland et al. v. Silverscreen Healthcare, Inc.
Trial court erred by denying nursing facility's petition to compel arbitration as to decendent's parents' wrongful death cause of action. 		Arbitration, Torts 2DCA/2 May 14, 2024
Howard v. Accor Management US
Summary judgment was appropriate where plaintiff failed to provide any actual evidence that hotel operator had actual or constructive knowledge of an allegedly unsafe shower head that injured her. 		Torts 2DCA/8 Apr. 4, 2024
People v. Freetown Holdings Co.
Property owner was liable for public nuisance when he could have reasonably taken measures to prevent his liquor store from becoming a drug haven. 		Torts 2DCA/8 Apr. 1, 2024
Modification: Balakrishnan v. The Regents of the University of California
Professor's dismissal from UC Santa Cruz was upheld because his inappropriate sexual conduct towards two non-students at off-campus events related to his relation with the "community." 		Torts 1DCA/5 Mar. 5, 2024
Modification: Shalghoun v. North Los Angeles County Regional Center, Inc.
Regional center had no duty to protect employees of a residential facility that accepted a developmentally disabled person as a resident, despite facility's request that regional center relocate the resident. 		Torts 2DCA/2 Feb. 26, 2024
Whitehead v. City of Oakland
Plaintiff's release for participating in a bicycle ride fundraiser was valid as to his claim against the City of Oakland because releasing liability in recreational sports does not involve the public interest. 		Torts 1DCA/3 Feb. 15, 2024
Fraser v. Farvid
Landlord did not have actual knowledge of pit bulls' vicious nature sufficient for liability from one e-mail referencing the dogs as "guard dogs." 		Torts 2DCA/8 Feb. 13, 2024
Balakrishnan v. The Regents of the University of California
Professor's dismissal from UC Santa Cruz was upheld because his inappropriate sexual conduct towards two non-students at off-campus events related to his relation with the "community." 		Torts 1DCA/5 Feb. 2, 2024
Modification: Gilead Tenofovir Cases
Plaintiffs injured by pharmaceutical were entitled to pursue claim of negligence rather than strict products liability and did not need to prove the drug was defective to pursue that claim. 		Torts 1DCA/4 Feb. 2, 2024
Shalghoun v. North Los Angeles County Regional Center, Inc.
Regional center had no duty to protect employees of a residential facility that accepted a developmentally disabled person as a resident, despite facility's request that regional center relocate the resident. 		Torts 2DCA/2 Jan. 26, 2024
Olson v. Saville
Doctrine of primary assumption of the risk barred liability for injuries caused by a negligent surfer to a fellow surfer. 		Torts 2DCA/6 Jan. 19, 2024
Williams Sports Rentals, Inc. v. Willis
Injunction under Shipowner's Limitation of Liability Act was overly broad where it prevented plaintiff from pursuing claims against parties that had not established any right to limitation. 		Torts 9th Jan. 17, 2024
Best Carpet Values, Inc. v. Google LLC
Website owners have no cognizable property interest in copies of their website that can serve as the foundation for a trespass to chattels claim. 		Torts 9th Jan. 12, 2024
Gilead Tenofovir Cases
Plaintiffs injured by pharmaceutical were entitled to pursue claim of negligence rather than strict products liability and did not need to prove the drug was defective to pursue that claim. 		Torts 1DCA/4 Jan. 11, 2024
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