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Fuku-Bonsai Inc. v. E.I. du Pont de Nemours and Co.
General release by product liability plaintiff doesn't bar fraudulent inducement action based on postsettlement revelation of discovery fraud.
Torts Oct. 29, 1999
Sussman v. American Broadcasting Cos. Inc.
Where the purpose is for worthy newsgathering information, secretly videotaping conversations by reporter isn't improper under federal wiretapping statute.
Torts Oct. 29, 1999
Ajiwoju v. Kunce
Order
Torts Oct. 28, 1999
Auerbach v. Great Western Bank
Continuation of pre-existing duty isn't injury for fraud purposes.
Torts Oct. 22, 1999
Eisenberg v. Alameda Newspaper Inc.
Statements in newspaper retraction aren't defamatory as a matter of law, and newspaper can't assert 'litigation privilege' to avoid potential lawsuit.
Torts Oct. 22, 1999
Ferlauto v. Hamsher
Author's strong negative comments about adversary's lawyer during litigation are protected by First Amendment, and are not actionable.
Torts Oct. 22, 1999
Webber v. Inland Empire Investments
The right to collect on a note does not extend to intentional acts designed to disrupt a contractual relationship.
Torts Oct. 21, 1999
Wiggs v. City of Phoenix
Trial court shouldn't order retrial based upon an omitted jury instruction, as the plaintiff did not object to such at trial.
Torts Oct. 19, 1999
Jenkins v. County of Los Angeles
Proposition 213, which bars recovery for injuries sustained by a fleeing felon, doesn't apply to intentional torts.
Torts Sep. 30, 1999
Nelson v. United Technologies
Wrongful discharge in violation of public policy favoring family leave underlying California Family Rights Act is valid cause of action.
Torts Sep. 30, 1999
Savnik v. Hall
Non-economic damages are proper where uninsured motorist is not the owner of the vehicle.
Torts Sep. 30, 1999
Overly v. Ingalls Shipbuilding Inc.
Worker exposed to asbestos is entitled to recover prospective earnings for 'lost years' due to diminished life expectancy.
Torts Sep. 23, 1999
Neverkovec v. Fredericks
Broad general release doesn't release tortfeasor who was not party to release agreement, unless agreement was intended to release him.
Torts Sep. 23, 1999
Pan Asia Venture Capital Corp. v. Hearst Corp.
Under Unfair Practices Act, computation of cost regarding newspaper advertising must be decided by jury, not judge.
Torts Sep. 23, 1999
Erlich v. Menezes
Where contractor's negligence causes homeowner only economic injury and property damage, claim for emotional distress based on breach of contract is precluded.
Torts Sep. 23, 1999
Myricks v. Lynwood Unified School District
Neither school district nor city is liable for injury inflicted on students while attending off-site basketball tournaments.
Torts Sep. 22, 1999
Zelig v. County of Los Angeles
County owes duty to take reasonable steps to provide security measures against foreseeable criminal activity in courthouse.
Torts Sep. 22, 1999
Record v. Reason
Primary assumption of risk doctrine applies to the activity of being pulled on an inner tube by a motor boat.
Torts Sep. 13, 1999
Bonds v. Roy
Expert testimony may be excluded where expert witness declaration didn't provide fair notice of subject matter.
Torts Sep. 9, 1999
Bockrath v. Aldrich Chemical Co.
Plaintiff allegedly injured by unidentified chemicals can't sue multiple defendants in hope of discovering tortfeasor.
Torts Sep. 9, 1999
Horwich v. Superior Court (Acuna)
Wrongful death action may be maintained by survivors of deceased uninsured motorist.
Torts Sep. 9, 1999
Preferred Risk Mutual Insurance Co. v. Reiswig
Notice of intent to sue health care provider doesn't toll limitations period for indemnity action.
Torts Sep. 9, 1999
Morales v. Cooperative of American Physicians Inc.
California litigation privilege bars suit for negligent and intentional misrepresentation based on responses to interrogatories in prior medical malpractice suit.
Torts Sep. 7, 1999
Ehret v. Congoleum Corp.
In determining portion of settlement to be set off from economic damages, court must apply percentage of economic damages award in relationship to total award.
Torts Sep. 7, 1999
Davis v. Wood-Mizer Products Inc.
Defendant that pays judgment and also indemnifies settling defendant may not complain of plaintiff's excessive recovery.
Torts Sep. 7, 1999
Pfau v. Kim's Hapkido
Police officer engaging in martial arts training assumes risk of injury.
Torts Sep. 6, 1999
County of Los Angeles v. Superior Court (Schonert)
California's survival statute precluding husband of deceased wife from recovering pain and suffering for state law claims also applies to federal claims.
Torts Sep. 6, 1999
Casey v. Overhead Door Corp.
One defendant's assignment to plaintiffs of cross-complaint against another defendant as part of settlement gives plaintiffs actual authority to proceed on cross-complaint.
Torts Sep. 6, 1999
Stapper v. GMI Holdings Inc.
Offer of proof that garage-door opener was defective in design is sufficient to overcome the 'firefighter's rule.'
Torts Sep. 2, 1999
Holt v. Regents of the University of California
Present cash value of future economic damages in medical malpractice action may be paid by an annuity or lump-sum payment.
Torts Sep. 2, 1999