Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B307964
|
Rucker v. WINCAL, LLC
A property owner was not liable for plaintiff's injury when plaintiff, who was jogging for recreational purposes, was forced into the bicycle lane to avoid a homeless encampment on the owner's property. |
Torts |
|
Feb. 8, 2022 | |
C090570
|
Oroville Hospital v. Superior Court (Ambrose)
Nurses' provision of wound care to deceased did not give rise to the substantial caretaking relationship required to establish neglect under the Elder Abuse Act. |
Torts |
|
H. Hull | Jan. 28, 2022 |
B303753
|
Modification: North American Title Co. v. Gugasyan
The "safe harbor" presumption does not require a notary to verify with the Department of Motor Vehicles that a driver's license is legitimately issued. |
Torts |
|
B. Hoffstadt | Jan. 26, 2022 |
B302835
|
Kaney v. Custance
Open and obvious dangerous condition of stairs leading to property's only toilet was insufficient to relieve duty of care because visitors to the property would necessarily encounter it. |
Torts |
|
J. Ashmann-Gerst | Jan. 25, 2022 |
B302835
|
Kaney v. Mazza
Despite plaintiff not remembering her fall, causation was a triable issue of fact since evidence could lead to a reasonable and probable inference that defendant's negligence contributed to the injury. |
Torts |
|
J. Ashmann-Gerst | Jan. 24, 2022 |
E076374
|
Mayes v. La Sierra Univerity
A university was required to show there were no reasonable steps it could take to protect spectators' safety if it could do so without altering the nature of baseball. |
Torts |
|
R. Fields | Jan. 11, 2022 |
B303753
|
North American Title Co. v. Gugasyan
The "safe harbor" presumption does not require a notary to verify with the Department of Motor Vehicles that a driver's license is legitimately issued. |
Torts |
|
B. Hoffstadt | Dec. 30, 2021 |
S259850
|
Presbyterian Camp and Conference Centers v. Superior Court (Dept. of Forestry and Fire Protection)
A corporation was liable for the costs of suppressing fires that its employee negligently set because the statute at issue incorporated the theory of respondeat superior. |
Torts |
|
J. Groban | Dec. 28, 2021 |
C087916
|
Russell v. Dept. of Corrections and Rehabilitation
A parole officer did not have a duty to warn the victim of the parolee's dangerous propensities because there was insufficient evidence that a special relationship existed. |
Torts |
|
E. Duarte | Dec. 20, 2021 |
21-35004
|
Miller v. Sawant
Dismissal was improper in a defamation suit because it was plausible that statements about the police were "of and concerning" plaintiff officers in particular. |
Torts |
|
A. Tashima | Nov. 11, 2021 |
20-15419
|
Amended Opinion: Steinle v. U.S.
Several intervening acts preceding fatal incident were too remote to establish proximate causation. |
Torts |
|
S. Graber | Nov. 9, 2021 |
B307017
|
Chase v. Wizmann
Compliance with municipal noise ordinances does not automatically immunize a defendant from traditional nuisance liability. |
Torts |
|
E. Lui | Nov. 3, 2021 |
B309123
|
Mitchell v. Los Robles Regional Medical Center
Plaintiff's complaint was time-barred because it alleged a cause of action for professional negligence, rather than general negligence or premises liability. |
Torts |
|
K. Yegan | Nov. 3, 2021 |
B296394
|
Gall v. Smith & Nephew, Inc.
Liability does not fall on manufacturer where doctor knew of an implant's risks and may have failed to provide the warnings to the patient. |
Torts |
|
J. Wiley | Nov. 1, 2021 |
B305810
|
Doe v. Roman Catholic Archbishop of Los Angeles
The Archdiocese owed a duty to protect a plaintiff taking classes at a Catholic church because a special relationship existed. |
Torts |
|
J. Segal | Oct. 22, 2021 |
19-35918
|
Hawkins v. U.S.
A veteran was permitted to sue the government for her injuries under the Federal Torts Claim Act because she was not barred by the Federal Employees' Compensation Act. |
Torts |
|
P. Watford | Sep. 29, 2021 |
F080153
|
Cavey v. Tualla
A claim submitted without plaintiff's knowledge did not cause the statute of limitations period to run. |
Torts |
|
D. Franson | Sep. 27, 2021 |
S252796
|
Sandoval v. Qualcomm Inc.
A party who fully and effectively delegates work to a contractor owes no tort duty to that contractor's workers. |
Torts |
|
M. Cuéllar | Sep. 10, 2021 |
A153106
|
Harris v. Thomas Dee Engineering Co., Inc.
An expert's declaration that purportedly contradicted his earlier deposition should have been considered on summary judgment because the declaration did not prejudice the opposing party. |
Torts |
|
M. Simons | Sep. 7, 2021 |
G057950
|
Green v. Healthcare Services, Inc.
Because jury found that treatment facility was negligent and its negligence was a cause of patient's suicide, court did not err in not instructing jury on superseding cause defense. |
Torts |
|
K. O'Leary | Sep. 1, 2021 |
20-15419
|
Steinle v. U.S.
Several intervening acts preceding fatal incident were too remote to establish proximate causation. |
Torts |
|
S. Graber | Aug. 25, 2021 |
S247677
|
Gonzalez v. Mathis
Landowners owe no duty to independent contractors or its workers to remedy or adopt other measures to protect them against known hazards on premises. |
Torts |
|
J. Groban | Aug. 20, 2021 |
G058189
|
Hedayati v. Interinsurance Exchange of the Auto. Club
Summary judgment was improper because insurer did not attempt to refute plaintiff's good faith and fair dealing claim based on its alleged failure to communicate with its insured. |
Torts |
|
T. Goethals | Aug. 13, 2021 |
A158228
|
Pilliod v. Monsanto Co.
Failure to warn and design defect claims based on state-law labeling and packaging requirements were not expressly preempted by Federal Insecticide, Fungicide, and Rodenticide Act. |
Torts |
|
M. Miller | Aug. 11, 2021 |
D077189
|
McKenna v. Beasley
Vehicle owners must inquire into prospective driver's license status before allowing driver to operate their vehicle. |
Torts |
|
C. Aaron | Aug. 10, 2021 |
20-16435
|
Sisto v. U.S.
Physician working at Indian contractor hospital was not 'employee' of that hospital for purposes of Federal Tort Claims Act. |
Torts |
|
W. Fletcher | Aug. 5, 2021 |
B305745
|
Mezger v. Bick
No invasion of privacy where captured sounds and video from neighbor's Nest security camera are incidental to neighbor's security interest. |
Torts |
|
E. Grimes | Jul. 6, 2021 |
C090436
|
Williams v. National Western Life Insurance Co.
Insurance company did not commit financial elder abuse because there was no evidence it had any knowledge of independent agent's fraudulent conduct. |
Torts |
|
V. Raye | Jun. 15, 2021 |
D077409
|
Severin Mobile Towing, Inc. v. JPMorgan Chase
Bank defendant could not assert California Uniform Commercial Code Section 3405 defense because it did not address manner in which employee fraudulently indorsed employer's checks. |
Torts |
|
J. Haller | Jun. 10, 2021 |
B301746
|
Modification: Issakhani v. Shadow Glen Homeowners Assn.
Duty of care was not owed by landlord because rezoning ordinance that required certain number of parking spots was not designed to protect invitees from traffic accidents. |
Torts |
|
B. Hoffstadt | Jun. 1, 2021 |