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Judicial Council of California v. Superior Court (Bean)
Personal injury claims against Judicial Council and Administrative Office of Courts are barred by plaintiff's failure to present them to Secretariat of Judicial Council.
Torts Sep. 16, 2014
Timed Out LLC v. Youabian Inc.
Assignee may proceed with lawsuit against cosmetic dental company that concerned only pecuniary benefits company derived from unauthorized use of model-assignors’ images.
Torts Sep. 14, 2014
Doe v. Nestle USA Inc.
Former child slaves who were forced to harvest cocoa in Ivory Coast may sue corporations for aiding and abetting child slavery by assisting Ivorian farmers.
Torts Sep. 4, 2014
Bounds v. Superior Court (KMA Group)
Elderly widow may maintain financial elder abuse claim against parties who convinced her to sell property at unfair price, even though sale was cancelled.
Torts Sep. 3, 2014
Untied National Maintenance Inc. v. San Diego Convention Center
San Diego Convention Center operator may be liable for interfering with cleaning company’s contracts, even if it had economic interest in those contracts.
Torts Aug. 17, 2014
Gregory v. Cott
Alzheimer patient is not liable for injuries to in-home caregiver who was employed specifically to assist her because caregiver assumed risks associated with job.
Torts Aug. 4, 2014
McIntyre v. The Colonies-Pacific LLC
Evidence that shopping center owner hired security after armed robbery of jewelry store is inadmissible to prove prior lack of security caused robbery.
Torts Jul. 31, 2014
Collin v. CalPortland Co.
Cement pipe seller must face asbestos exposure claims based on construction worker's evidence that it began selling products in early 1980s.
Torts Jul. 30, 2014
Settle v. State of California
Plaintiff’s counsel is not required to pay defense costs after court finds plaintiff lacked reasonable cause and good faith in filing tort action against public entity.
Torts Jul. 23, 2014
Ganoe v. Metalclad Insulation Corp.
Survivors of utility man who died due to asbestos exposure may continue suit against insulation contractor that performed work at decedent’s workplace.
Torts Jul. 22, 2014
Hardin v. PDX, Inc.
Patient may continue product liability action against software provider for allowing generic drug manufacturer to give customers abbreviated warnings of drug's side effects.
Torts Jul. 21, 2014
Carlsen v. Koivumaki
Highly intoxicated man who fell from cliff may sue two companions who took him there and waited several hours before informing authorities of his fall.
Torts Jul. 7, 2014
Haver v. BNSF Railway Co.
Husband’s former employer has no duty to protect his wife, who died of mesothelioma, from secondary exposure to asbestos that husband brought home from work.
Torts Jun. 24, 2014
Verdugo v. Target Corp.
California commercial property owners do not have duty to customers to acquire automatic external defibrillators or make them available for medical emergencies.
Torts Jun. 23, 2014
Heskel v. City of San Diego
City is not liable for injuries suffered by pedestrian who tripped on protruding base of post on sidewalk, even though he showed it existed for more than a year.
Torts Jun. 23, 2014
Delon Hampton & Associates CHTD v. Superior Court (Los Angeles County Metropolitan Transportation Authority)
MTA’s claim against stairwell designer for alleged design defects at rail station should have been filed within four years because defects were not hidden.
Torts Jun. 23, 2014
Hardin v. PDX Inc.
Patient may continue product liability action against software provider for allowing generic drug manufacturer to give customers abbreviated warnings of drug's side effects.
Torts Jun. 19, 2014
Allen v. Liberman
Parents of teenage girl who died after drinking 15 shots of vodka at friend’s sleepover may not sue friend’s parents due to ‘social host immunity’ statute.
Torts Jun. 18, 2014
Stenehjem v. Sareen
Former employee cannot strike civil extortion claim based on prelitigation email demand, in which he threatened to file criminal complaint unless paid.
Torts Jun. 17, 2014
Hernandez v. County of Los Angeles
Trial court incorrectly allows irrelevant evidence of decedent’s medical marijuana use in assessing his fault in accident where sheriff’s deputy fatally struck him on freeway.
Torts Jun. 17, 2014
Uriarte v. Scott Sales Co.
Silica sand suppliers may not escape toxic exposure suit of employee, who alleged his illness was caused by sand’s use during manufacturing, rather than in finished product.
Torts Jun. 16, 2014
Gallardo v. United States
Student may argue for tolling of two-year limitations period to bring Federal Tort Claims Act claim, although she filed claim four years after alleged sexual assault.
Torts Jun. 4, 2014
Haver v. BNSF Railway Co.
Husband’s former employer has no duty to protect his wife, who died of mesothelioma, from secondary exposure to asbestos that husband brought home from work.
Torts Jun. 4, 2014
California Public Employees' Retirement System v. Moody's Investors Service Inc.
CalPERS may continue suit against rating agencies that improperly rated three structured investment vehicles, which later collapsed and caused billions in losses.
Torts May 28, 2014
David v. Hernandez
New trial is required in vehicular accident case, where trial court’s express finding that truck driver violated Vehicle Code was inconsistent with jury’s verdict.
Torts May 27, 2014
Gong v. City of Rosemead
Property developer may not sue city on allegations that city council member extorted her, because she failed to present claim to city prior to filing suit.
Torts May 21, 2014
Worsham v. O'Connor Hospital
Elder abuse claim is unsuccessful because allegations regarding hospital's failure to properly staff and train amounted to professional negligence, not abuse.
Torts May 21, 2014
Kesner v. Superior Court (Pneumo Abex LLC)
Mesothelioma patient may sue uncle’s employer based on exposure to asbestos while visiting uncle's home, which his uncle brought home from work on his clothes.
Torts May 19, 2014
United National Maintenance Inc. v. San Diego Convention Center Inc.
San Diego Convention Center operator may be liable for interfering with cleaning company’s contracts even if it had economic interest in those contracts.
Torts May 15, 2014
Sykora v. State Dept. of State Hospitals
Mental health patient, who suffered from schizophrenia, may pursue tort claims against Dept. of State Hospitals, despite failing to include $25 filing fee with initial claim.
Torts May 7, 2014