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Overhill Farms Inc. v. Lopez
Accusation that employer engaged in mass termination based on racist and ageist motivations constitutes provable fact, which is sufficient to overcome anti-SLAPP motion. 		Torts Dec. 14, 2010
Affiliated FM Insurance Co. v. LTK Consulting Services Inc.
Party with contractual right to operate on another's property may bring suit in tort against third party for damage to that property. 		Torts Dec. 7, 2010
Lujano v. County of Santa Barbara
Plaintiff's excessive force claim is barred because her acceptance of informal probation did not constitute favorable termination allowing for civil tort liability. 		Torts Dec. 5, 2010
Ennabe v. Manosa
Charging admission fees later used to purchase communal alcohol does not constitute 'selling' of alcoholic beverages that would subject social host to civil liability. 		Torts Dec. 1, 2010
Rodriguez v. Lockheed Martin Corp.
Court’s denial of summary judgment on government-contractor defense is not based on denial of immunity, and therefore, not appealable until case’s conclusion. 		Torts Nov. 30, 2010
Boblitt v. Boblitt
Judgment in dissolution proceeding where domestic violence claim was litigated in relation to spousal support does not preclude later tort action for domestic violence. 		Torts Nov. 30, 2010
Stewart v. Union Carbide Corp.
Court properly refuses to instruct jury on 'sophisticated purchaser defense' where proposed instruction was not based on theory that plaintiff had knowledge. 		Torts Nov. 16, 2010
Smith v. Adventist Health System/West
Defendant’s anti-SLAPP motion is properly denied where defendant failed to show it engaged in protected activity to deny doctor’s reinstatement. 		Torts Nov. 16, 2010
Doe v. Roman Catholic Bishop of Sacramento
Fraud claim is barred by statute of limitations where plaintiff failed to investigate whether her children were molested despite notice of suspected abuse. 		Torts Nov. 10, 2010
Wong v. Jing
Court properly denies anti-SLAPP motion on libel claim where plaintiff established prima facie showing of probable success on merits. 		Torts Nov. 9, 2010
Howe v. Seven Forty Two Co. Inc.
Plaintiff is entitled to rely on inference of negligence even if presumption established under res ipsa loquitur disappeared. 		Torts Nov. 7, 2010
C.A. v. William S. Hart Union High School District
School district is not liable for guidance counselor’s sexual misconduct with student where plaintiff failed to show how misconduct fell within counselor's employment. 		Torts Nov. 7, 2010
Antounian v. Louis Vuitton Malletier
Anti-SLAPP motions to strike malicious prosecution action are properly granted where denial of summary judgment motion showed probable cause. 		Torts Oct. 21, 2010
Huitt v. Southern California Gas Co.
Failure to warn that new steel gas pipes adsorb odorant in natural gas is not cause of accident because plaintiffs were unable to acquire warning. 		Torts Oct. 7, 2010
Ramirez v. Wong
Claim under Civil Code Section 51.7 for right to be free from threat of violence must involve intimidation to state cause of action. 		Torts Oct. 6, 2010
In re The Clergy Cases I
Compelling social interest in protecting children from molestation outweighs alleged perpetrators' privacy interests in confidential files. 		Torts Sep. 30, 2010
Bailey v. United States
Discretionary function exception to liability under Federal Tort Claims Act applies to claim alleging agency negligently failed to replace warnings regarding submerged dam. 		Torts Sep. 29, 2010
Philip Morris USA Inc. v. Scott
Stay is granted for judgment pending certiorari review where due process violation issue will likely be granted review with possibility of reversal. 		Torts Sep. 28, 2010
Flores v. Enterprise Rent-A-Car Co.
Car rental company does not have duty to perform electronic driver’s license check to determine renter’s previous convictions for driving under influence. 		Torts Sep. 28, 2010
Flores v. Enterprise Rent-A-Car Co.
Car rental company does not have duty to perform electronic driver’s license check to determine renter’s previous convictions for driving under influence. 		Torts Sep. 23, 2010
Perez v. VAS S.p.A.
Court’s error in shifting burden to plaintiff in products liability case is not prejudicial in light of evidence of superseding cause of injury. 		Torts Sep. 20, 2010
Lu v. Powell
Court allows state law claims against United States alleging liability for abuses committed by asylum officer who bribed and molested victims. 		Torts Sep. 3, 2010
Miranda v. Bomel Construction Co. Inc.
Plaintiff fails to prove that contractors proximately caused his infectious fungal disease by stockpiling excess dirt on vacant lot near his workplace. 		Torts Aug. 31, 2010
Saller v. Crown Cork & Seal Co. Inc.
Jury should decide whether asbestos-containing products contain design defects based on consumer expectations test. 		Torts Aug. 30, 2010
Giacometti v. Aulla LLC
Accountants hired to compile data and prepare tax forms have no legal duty to ascertain accuracy of income reported by their clients. 		Torts Aug. 26, 2010
Price v. Stossel
Dismissal of defamation suit under anti-SLAPP statute is premature where court failed to compare quotation published with words speaker actually said. 		Torts Aug. 25, 2010
Ruiz v. Podolsky
Wrongful death claimants are bound by arbitration agreements entered into by decedent and health care provider. 		Torts Aug. 24, 2010
Morton v. Thousand Oaks Surgical Hospital
Claim of medical expertise is insufficient to meet element for negligent infliction of emotional distress without factual showing of alleged expertise. 		Torts Aug. 24, 2010
Rivera v. First DataBank Inc.
Court errs in denying anti-SLAPP motion to strike claims alleging that defendant’s pamphlets, which contained medication information, were confusing. 		Torts Aug. 19, 2010
Toomer v. United States
Business proprietor’s duty to protect customers from third-party criminal conduct does not extend to conduct occurring outside of owner’s property. 		Torts Aug. 19, 2010
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