Torts

The Civil Code’s treble damage multiplier for trespass or other tortious injury to trees applies to damages awarded for annoyance and discomfort as well as compensation for the actual injury to the trees Read More

A materials supplier may be held liable under Civil Code 895 for defects in newly built residences only if (a) the supplier is strictly liable in tort, or (b) the supplier contributed to the defects by its own negligent act or omission or breach of contract.  Read More

Governmental immunity shielded the owner of the adjacent golf course, which had granted a trail easement to the government, from claims by a plaintiff who was injured by an errant golf ball while hiking on the trail.  Read More

After an Indiana-based bus manufacturer was dismissed from the case, California law governed Chinese bus passengers’ claims against a California-based bus distributor for injuries sustained when the bus overturned in Arizona; only California had a governmental interest in application of its law.  Read More

Because no statute, regulation or contract provision required defendant to use a progress charting tool known as an earned value management system, defendant did not violate the False Claims Act, as plaintiff alleged, by an implied false certification that it used that tool.  Read More

Design immunity shielded city from liability for a pedestrian that a left-turning driver killed in a crosswalk since an authorized city official designed the intersection, the design was reasonable when adopted and the design was causally related to the accident.   Read More

If a private relator fails to respect the 60-day statutory seal on release of information while the Attorney General reviews a False Claims Act complaint, the district court, in its discretion, may dismiss the complaint or impose other sanctions; dismissal is not mandatory.  Read More

In this asbestosis case against an independent contractor that laid gas pipelines for So. Cal. Gas, plaintiff's employer, the trial court did not err in giving jury instructions about the employer's duty to provide a safe workplace for its employees, nor did it err in marking but not admitting a document used to refresh a defense witness’s recollection.  Read More

Defendant, a broker who arranged for asbestos-containing insulation products to be delivered to Naval shipyards for insulation of submarine pipes, may successfully invoke the defense contractor immunity doctrine, since the Navy’s detailed specifications could only be satisfied with asbestos-containing insulation, and the Navy had specifically studied and approved the aspect of the product—its asbestos—which was alleged to be a health… Read More

Employers and landowners owe a duty of care to members of an asbestos worker's household, who habitually live with the worker and thus are exposed to the asbestos he or she brings home from work.  Read More

Insurers owe emergency service providers a duty of care not to delegate responsibility to pay for emergency services to a medical provider that the insurer knows or should know is insolvent and unable to pay the providers' claims.  Read More

In case involving knee injury that resulted from implantation of medical device, the jury’s award of $5 million in noneconomic damages was excessive and was the result of prejudice caused by misconduct of plaintiff’s counsel in belittling and mocking defendant's witnesses and counsel as well as the trial court itself.  Read More

The one-year limitations period on medical malpractice begins to run when the plaintiff first becomes aware that a preexisting disease or condition has developed into a more serious one, and since the evidence conflicted on this point, the trial court erred in granting summary judgment to defendant.  Read More

In suit by fitness club member who slipped on shower room floor and broke his arm, summary judgment was properly entered in favor of fitness center since membership agreement contained a release of claims of ordinary negligence, and plaintiff did not plead or prove gross negligence.  Read More

Summary judgment for defendant casino is reversed as questions of fact exist about whether casino was a common carrier, subject to a stricter standard of care, in providing a van to transport gamblers to and from an adjoining town.  Read More

The one-year limitations period governing medical malpractice actions (CCP 340.5) governs a claim of injury suffered on a fall from a hospital  gurney, since gurney transport was under a doctor’s orders and was integral to the patient’s treatment.  Read More

A hospital could not be held liable for a doctor’s malpractice on a respondeat superior theory when the hospital’s conditions of admission, which the patient signed many times in non-emergency situations, clearly disclosed that all doctors who treated patients at the hospital acted as independent contractors.  Read More

After trial court clerk improperly posted copy of confidential pleading that revealed plaintiff’s true name in his revenge porn lawsuit (in which plaintiffs are ordinarily permitted to proceed anonymously), the trial court compounded the error by ruling that all future filings would have to be in plaintiff’s real name.  Read More

To support an award of damages for lost earning capacity, plaintiff must introduce evidence showing the career it is reasonably probable plaintiff would have pursued but for the tortious injury and the amount plaintiff would have earned in that career.  Read More

Employer was entitled to judgment NOV in a negligence case brought against a plaintiff injured by employee’s negligent driving of his own car on his way home from work, since the employee’s commute was subject to the “going and coming rule.”  Read More