Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
06-56410
|
Clemens v. DaimlerChrysler Corp.
Breach of express warranty claim cannot survive where repairs are made after warranty period, regardless of manufacturer's knowledge of defect at sale. |
Torts |
|
Jul. 25, 2008 | |
F050528
|
Garcia v. Paramount Citrus Association Inc.
Landowner owes no duty to plaintiff injured in intersection collision near groves. |
Torts |
|
Jul. 22, 2008 | |
B196916
|
Monroy v. City of Los Angeles
Court errs in advising jury of emergency vehicle driver's exemption from Vehicle Code where instructions conflict with speeding police officers' explicit admissions. |
Torts |
|
Jul. 21, 2008 | |
B197576
|
Mora v. Hollywood Bed & Spring
Employee who cannot prove employer failed to install point of operation guard is not entitled to damages for personal injury. |
Torts |
|
Jul. 16, 2008 | |
E040627
|
McCarty v. State of California Department of Transportation
Public entity may be held liable under retained control doctrine where employee's injury is proximately caused by tortious act of independent contractor. |
Torts |
|
Jul. 14, 2008 | |
B194078
|
Cohen v. NuVasive Inc.
Purchaser of human remains can be liable for inducing seller to act in manner resulting in foreseeable emotional injury to donor's family. |
Torts |
|
Jul. 11, 2008 | |
06-35619
|
Hensley v. United States
Two year statute of limitations bars Federal Tort Claims Act suit where claim accrued at collision and ignorance of federal employment is irrelevant. |
Torts |
|
Jul. 10, 2008 | |
04-56721
|
Pesnell v. Arsenault
Constitutional claims are not necessarily foreclosed by statutory bar of Federal Tort Claims Act. |
Torts |
|
Jul. 2, 2008 | |
05-17334
|
Mangano v. United States
Civil Service Reform Act preempts claims brought under Federal Tort Claims Act even where plaintiff is part-time Veteran's Administration physician. |
Torts |
|
Jul. 2, 2008 | |
B196916
|
Monroy v. City of Los Angeles
Court errs in advising jury of emergency vehicle driver's exemption from Vehicle Code where instructions conflict with speeding police officers' explicit admissions. |
Torts |
|
Jun. 27, 2008 | |
G038478
|
Olsen v. Reid
Award to compensate for costs 'written off' or paid for by plaintiff's providers cannot be reduced absent clear evidence. |
Torts |
|
Jun. 27, 2008 | |
06-56410
|
Clemens v. DaimlerChrysler Corp.
Breach of express warranty claim cannot survive where repairs are made after warranty period, regardless of manufacturer's knowledge of defect at sale. |
Torts |
|
Jun. 20, 2008 | |
G038555
|
Paterno v. Superior Court (Ampersand Publishing)
Plaintiff who fails to show provably false assertions in defamation action does not establish requisite 'good cause' for discovery concerning actual malice. |
Torts |
|
Jun. 17, 2008 | |
C051930
|
Bowen v. Ryan
Testimony of children describing incidents where dentist hit them is excluded as improper character evidence where plaintiff attempted to establish common plan. |
Torts |
|
Jun. 9, 2008 | |
F052530
|
Montegani v. Johnson
Court properly reconsiders and reverses order finding no violation of 'no contest' clause after finding that decree is interlocutory. |
Torts |
|
May 29, 2008 | |
C054718
|
American Board of Cosmetic Surgery v. Medical Board of California
Medical Board of California does not abuse discretion by denying plaintiff's application for specialty approval to advertise in 'Cosmetic Surgery.' |
Torts |
|
May 27, 2008 | |
B192342
|
SC Manufactured Homes Inc. v. Liebert
Plaintiff fails to show that mobile park and numerous dealers were involved in illegal tying arrangement. |
Torts |
|
May 21, 2008 | |
D049934
|
Ericson v. Federal Express Corp.
Violent assault in parking lot is not reasonably foreseeable by employer when prior incidents cannot be categorized as threatening or intimidating. |
Torts |
|
May 15, 2008 | |
D051144
|
Evans v. Evans
Husband's preliminary injunction against ex-wife is improperly granted where it is overbroad and constitutes invalid prior restraint before trial. |
Torts |
|
May 14, 2008 | |
06-56521
|
Family Home and Finance Center Inc. v. Federal Home Loan Mortgage Corp.
Summary judgment is properly granted for defendant where there is no admissible evidence of interference with plaintiff's contract. |
Torts |
|
May 8, 2008 | |
H029980
|
Blickman Turkus v. MF Downtown Sunnyvale
Lessee's agent did not have contractual duty to disclose lessee's financial difficulties to lessor, who was not client of agent. |
Torts |
|
May 2, 2008 | |
05-36221
|
Forest Service Employees for Environmental Ethics v. U.S. Forest Service
Forest Service is not required to release identities of agency personnel who responded to wildfire that killed two employees. |
Torts |
|
May 2, 2008 | |
B197706
|
Tan v. Arnel Management Co.
Prior similar incidents of violence in ungated parking area of apartment complex impose duty of care on property owners. |
Torts |
|
May 1, 2008 | |
B191118
|
Kaplan v. Mamelak
Plaintiff should have been allowed to use discovery methods to show why notice of intent to sue for medical malpractice was untimely served. |
Torts |
|
May 1, 2008 | |
C054718
|
American Board of Cosmetic Surgery v. Medical Board of California
Medical Board of California does not abuse discretion by denying plaintiff's application for specialty approval to advertise in 'Cosmetic Surgery.' |
Torts |
|
Apr. 30, 2008 | |
B198533
|
Rodriguez v. Bank of the West
Bank that contracts with client--office manager who opened fraudulent accounts--owes duty of care to customer, not lawyer whose money she stole. |
Torts |
|
Apr. 28, 2008 | |
05-56653
|
Bank of New York v. Fremont General Corp.
Bank proves corporate parent intentionally interferes with contract by transferring funds held in custodial account to pay workers compensation claims. |
Torts |
|
Apr. 28, 2008 | |
B204061
|
Little Company of Mary Hospital v. Superior Court (Marin)
Religious health care providers may invoke Code of Civil Procedure Section 425.14 to require substantiation of punitive damages claim by plaintiff. |
Torts |
|
Apr. 24, 2008 | |
B192342
|
SC Manufactured Homes Inc. v. Liebert
Plaintiff fails to show that mobile park and numerous dealers were involved in illegal tying arrangement. |
Torts |
|
Apr. 23, 2008 | |
06-56843
|
Foster v. U.S.
'Detention of goods' exception to Federal Torts Claims Act applies where government seizes property for purposes of criminal investigation, not forfeiture. |
Torts |
|
Apr. 17, 2008 |