Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A156562
|
Insalaco v. Hope Lutheran Church
Continuance of summary judgment hearing was virtually mandated because plaintiff provided declaration requesting specific discovery showing essential evidence may exist. |
Torts |
|
M. Miller | May 29, 2020 |
H046809
|
Nguyen v. Ford
Tolling provision no longer applied once plaintiff's former counsel filed notice to withdraw and plaintiff did not allege she was unaware. |
Torts |
|
A. Danner | May 15, 2020 |
G057486
|
Kurtz-Ahlers, LLC v. Bank of America N.A.
Trial court properly granted nonsuit for negligence claim against bank because banks have no duty to monitor customer accounts for fraud. |
Torts |
|
R. Aronson | May 11, 2020 |
B292448
|
Robertson v. Saadat
Plaintiff was not entitled to use her deceased husband's stored sperm for conception because decedent never expressed an intent to do so. |
Torts |
|
H. Bendix | May 6, 2020 |
A156761
|
Marez v. Lyft, Inc.
Defendant's activities at the time of the accident were not within the scope of his employment because they were solely personal and employer did not derive any benefit. |
Torts |
|
S. Margulies | May 4, 2020 |
B290013
|
Alaniz v. Sun Pacific Shippers
Trial court prejudicially erred when it omitted 'Privette/Hooker' elements from its instructions on negligence and premises liability. |
Torts |
|
M. Tangeman | Apr. 30, 2020 |
C080550
|
Weimer v. Nationstar Mortgage, LLC
'Biakanja v. Irving' factors clearly weighed in favor of imposing duty of care on lenders who agree to renegotiating loan modifications. |
Torts |
|
W. Murray | Apr. 6, 2020 |
B290836
|
Reynaud v. Technicolor Creative Services USA
Jury could conclude if not for defendant's negligence, PERM application filed for plaintiff would probably have been approved and he would have obtained green card. |
Torts |
|
J. Ashmann-Gerst | Mar. 26, 2020 |
18-1171
|
Comcast Corp. v. National Assn. of African-American Owned Media
A 42 U.S.C. Section 1981 plaintiff continuously bears the burden of showing that plaintiff's race was a 'but-for' cause of its injury. |
Torts |
|
N. Gorsuch | Mar. 24, 2020 |
18-55020
|
Winter v. Gardens Regional Hospital and Medical Center
To be actionable under the False Claim Act, clinical judgments and opinions do not require objective falsehood. |
Torts |
|
M. Bennett | Mar. 24, 2020 |
D075872
|
K.G. v. S.B.
Providing family members with financial support does not establish a special relationship that imposes a duty on the party providing support to exercise care. |
Torts |
|
J. McConnell | Mar. 17, 2020 |
B292457
|
McHenry v. Asylum Entertainment Delaware, LLC
Superior court correctly ruled that plaintiff's Jones Act claim against production company failed as a matter of law because plaintiff was neither an employee nor 'borrowed' servant of the company. |
Torts |
|
B. Hoffstadt | Mar. 16, 2020 |
Modification: Summer J. v. United States Baseball Federation
Stadium owners have a duty to take reasonable measures that would increase safety and minimize inherent risks without altering the nature of the game. |
Torts |
|
Mar. 10, 2020 | ||
B292418
|
Zhang v. Chu
To prove malice in malicious prosecution claim, plaintiff must show defendant acted for purposes unrelated to merits of underlying claim. |
Torts |
|
J. Wiley | Mar. 9, 2020 |
B292395
|
Madani v. Rabinowitz
Because next-door neighbor's fence was a continuing encroachment, plaintiff's claims for trespass and nuisance based on fence's encroachment were not barred by statute of limitations. |
Torts |
|
B. Currey | Feb. 26, 2020 |
B282414
|
Summer J. v. United States Baseball Federation
Stadium owners have a duty to take reasonable measures that would increase safety and minimize inherent risks without altering the nature of the game. |
Torts |
|
D. Perluss | Feb. 20, 2020 |
B289712
|
Soto v. Union Pacific Railroad Co.
Defendant cannot be held liable for a dangerous condition of property it did not own or control even with expressed easement rights to the property. |
Torts |
|
D. Perluss | Feb. 18, 2020 |
B290013
|
Alaniz v. Sun Pacific Shippers, L.P.
Trial court prejudicially erred when it omitted 'Privette and Hooker' doctrine limitations from its instructions on negligence and premises liability. |
Torts |
|
M. Tangeman | Feb. 6, 2020 |
A152093
|
Thimon v. City of Newark
City was not liable for creating dangerous condition of public property when victim was hit by driver in crosswalk because there was no history of collisions involving pedestrians in 10 years. |
Torts |
|
T. Stewart | Jan. 29, 2020 |
D074690
|
Hedayatzadeh v. City of Del Mar
No liability for city not erecting a pedestrian barrier preventing the public from willfully accessing hazardous areas. |
Torts |
|
J. Irion | Jan. 24, 2020 |
E070776
|
Roger v. County of Riverside
Government Claims Act prohibited respondent from using 'timeliness' defense in litigation because respondent failed to notify complainant of defect in claim as required. |
Torts |
|
M. Slough | Jan. 24, 2020 |
B288031
|
LAOSD Asbestos Cases
Appellants' documents in opposition to respondent's expert's conclusion that respondent's talcum powder did not contain asbestos did not have 'specific facts' necessary to raise triable issue of material fact. |
Torts |
|
K. Dunning | Jan. 24, 2020 |
B291112
|
Bingener v. City of Los Angeles
'Going and coming rule' under respondeat superior theory prevented employer from being held vicariously liable when employee hit and killed pedestrian while driving to work in his personal vehicle. |
Torts |
|
A. Jones | Jan. 13, 2020 |
C088360
|
Union Pacific Railroad Co. v. Ameron Pole Products LLC
Showing that respondent was not a cause-in-fact of car accident was not tantamount to showing that respondent was not a cause-in-fact of motorist's injuries. |
Torts |
|
J. Renner | Dec. 30, 2019 |
E071694
|
City of Desert Hot Springs v. Valenti
Trial court applied improper legal standard to City's motion for appointment of receiver for nuisance by not addressing requirements in Health and Safety Code Section 17980.7(c), and instead addressing plan's economic viability. |
Torts |
|
A. McKinster | Dec. 23, 2019 |
H045577
|
Kim v. County of Monterey
Triable issues exist where reasonable jury could find defendants' staging of racing event was "severe departure" from contractual obligations. |
Torts |
|
A. Danner | Dec. 17, 2019 |
B297195
|
Modification: Presbyterian Camp & Conference Centers, Inc. v. Superior Court
Corporations can be held vicariously liable for causing brush fires under Health and Safety Code Sections 13009 and 13009.1; CalFire may recover fire suppression and investigation costs. |
Torts |
|
M. Tangeman | Dec. 10, 2019 |
A154245
|
Berg v. Colgate-Palmolive Co.
Plaintiffs did not present sufficient evidence to create a triable issue of whether defendant's products to which plaintiff was exposed actually contained asbestos. |
Torts |
|
J. Humes | Nov. 29, 2019 |
B297195
|
Presbyterian Camp & Conference Centers, Inc. v. Superior Court
Corporations can be held vicariously liable for causing brush fires under Health and Safety Code Sections 13009 and 13009.1; CalFire may recover fire suppression and investigation costs. |
Torts |
|
M. Tangeman | Nov. 19, 2019 |
B280550M
|
Modification: Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies. |
Torts |
|
G. Feuer | Nov. 7, 2019 |