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Wiley v. County of San Diego
Actual innocence is necessary element in legal malpractice suit brought by former criminal defendant.
Torts Mar. 2, 1999
L & B Real Estate v. Superior Court
Property owner couldn't use prior criminal trial testimony to show lack of duty when he didn't prove unavailability.
Torts Mar. 2, 1999
Van Dyke v. S.K.I. LTD
Skier's negligence claim not barred by primary assumption of risk, when he skied into warning sign he couldn't see.
Torts Mar. 2, 1999
Alszeh v. Home Box Office
Where reasonable viewer can't infer plaintiff was identical to film's underworld enforcer, defamation claim fails.
Torts Mar. 2, 1999
Jackson v. Paramount Pictures Corp.
Defamation suit fails where skeptic reporter obtains corroborating evidence backing up source's story before its broadcast.
Torts Mar. 1, 1999
Sanchez v. Bally's Total Fitness Corp.
Plaintiff must show she was unaware of exculpatory language prior to contending it wasn't conspicuous.
Torts Mar. 1, 1999
Brown v. Compton Unified School District
High school has no duty to accurately advise students of college academic requirements for athletic eligibility.
Torts Mar. 1, 1999
Canon U.S.A., Inc. v. Superior Court
Trial court should consider whether to accept a nationwide class in defective product suit at the pleading stage.
Torts Mar. 1, 1999
Kennedy v. Cal Collagen Corp.
Lack of consensus in medical community and scientific studies doesn't warrant exclusion of expert testimony.
Torts Mar. 1, 1999
Sangster v. Paetkau
Malicious prosecution action fails where probable cause exists in underlying causes of action of cross-complaint.
Torts Mar. 1, 1999
Johnson v. McMahan
California dog bite statute applicable to suit by bitee for dog bite where no actual flesh wound is suffered.
Torts Mar. 1, 1999
Crouse v. Brobeck, Phleger, & Harrison
Attorney may still be liable for loss of note after he changed law firms.
Torts Mar. 1, 1999
Canon U.S.A. Inc. v. Superior Court (Rhulen Company Inc.)
Trial court should consider whether to accept a nationwide class in defective product suit at the pleading stage.
Torts Mar. 1, 1999
National Union Fire Insurance Co. of Pittsburgh, PA. v. Nationwide Insurance Co.
When general contractor is solely at fault for injury, subcontractor and its liability insurer need not indemnify.
Torts Feb. 26, 1999
Lawson v. Management Activities Inc.
Airlines have no duty to bystanders who experience emotional distress after witnessing plane crash.
Torts Feb. 26, 1999
Nguyen v. Proton Technology Corporation
Extraneous pre-litigation statements aren't protected by 'judicial proceedings' privilege.
Torts Feb. 26, 1999
Kaelin v. Globe Communications Corp.
Defamatory insinuation on cover headline isn't cured by milder subheadline or non-defamatory story.
Torts Feb. 26, 1999
Brewer v. Harley-Davidson Inc.
Order
Torts Feb. 25, 1999
Schwartz v. Coastal Physician Group Inc.
Order
Torts Feb. 24, 1999
Westphal v. Wal-Mart Stores Inc.
Filing frivolous appeal, 'which indisputably has no merit,' is subject to sanctions in tort action.
Torts Feb. 24, 1999
Lo v. Superior Court (County of Los Angeles)
Government may be liable for judge's abuse of power, regardless of location conduct's occurrence.
Torts Feb. 22, 1999
Travelers Indenmity Co. of Illinois v. City of Redlands Redevelopment Agency
Evidence of unlawful entries by transients is sufficient to require res ipsa loquitur instruction.
Torts Feb. 19, 1999
Valentine v. Baxter Healthcare Corp.
Trial courts can order partial mistrial, reserve judgment on select causes of action, and order limited retrial.
Torts Feb. 19, 1999
Becerra v. County of Santa Cruz
County social workers are immune from tort liability for discretionary placement decisions.
Torts Feb. 19, 1999
Akers v. Miller
Excluding 'gruesome' photographs isn't abuse of discretion when expert testimony is given to describe injuries.
Torts Feb. 18, 1999
Galanek v. Wismar
In negligence trial, burden to show lack of causation shifts to defendant after plaintiff's opening statement.
Torts Feb. 16, 1999
Scheiding v. Dinwiddie Construction Co.
Mere arguments by opponent are insufficient basis to infer a party's inability to produce supporting evidence.
Torts Feb. 16, 1999
Hoff v. Vacaville Unified School District
School owes no duty to nonstudent injured off school property by a student.
Torts Feb. 10, 1999
Carter v. Holiday Ice Skating Center
Defendant's duty to provide appropriate rental equipment renders primary assumption of risk doctrine inapplicable.
Torts Feb. 10, 1999
Tidmore v. Automobile Club of California
Rescue doctrine applies in case involving just two parties rather than usual three.
Torts Feb. 10, 1999