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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Savaikie v. Kaiser Foundation Hospitals
Agreement between defendant and its volunteer that volunteer would drive his own car, did not establish required-vehicle exception to establish defendant's employer liability. 		Torts 2DCA/8 Jul. 20, 2020
Mize v. Mentor Worldwide LLC
Tort claims premised on conduct that both violates Medical Device Amendments and gives rise to recovery under state law even in absence of MDA are not preempted. 		Torts 2DCA/6 Jul. 7, 2020
Hanouchian v. Steele
Agreements to adhere to fraternal organization guidelines did not impose greater legal duty upon possessor of land than those imposed by current laws. 		Torts 2DCA/3 Jun. 26, 2020
Pankey v. Petco Animal Supplies, Inc.
Only diseased animals displaying symptoms of illness are products subject to a products liability design defect claim. 		Torts 4DCA/1 Jun. 25, 2020
Verrazono v. Gehl Company
'Ordinary consumers expectations' test is not applicable where expert testimony will be essential to assist jury in understanding pros and cons of plaintiff's arguments. 		Torts 1DCA/1 Jun. 18, 2020
Horne v. Ahern Rentals, Inc.
Hirer is only liable for injury to employee of contractor if hirer exercised control over safety conditions at worksite in way that 'affirmatively' contributed to employee's injuries. 		Torts 2DCA/8 Jun. 12, 2020
Risperdal and Invega Cases
State-law failure-to-warn claims concerning prescription drugs are preempted only where there is clear evidence that FDA would have rejected proposed label change. 		Torts 2DCA/3 Jun. 5, 2020
Wicks v. Antelope Valley Healthcare Dist.
Hospital was not liable for negligence of doctors because evidence showed decedent was notified that physicians were not hospital employees. 		Torts 2DCA/8 Jun. 3, 2020
Sharufa v. Festival Fun Parks, LLC
Record did not contain enough evidence to show whether waterslide theme park patrons received service or were supplied product to address product liability claim. 		Torts 6DCA May 29, 2020
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 1DCA/2 May 29, 2020
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 6DCA May 15, 2020
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 4DCA/3 May 11, 2020
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 2DCA/1 May 6, 2020
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 1DCA/1 May 4, 2020
Alaniz v. Sun Pacific Shippers
Trial court prejudicially erred when it omitted 'Privette/Hooker' elements from its instructions on negligence and premises liability. 		Torts 2DCA/6 Apr. 30, 2020
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 3DCA Apr. 6, 2020
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 2DCA/2 Mar. 26, 2020
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 USSC Mar. 24, 2020
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 9th Mar. 24, 2020
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 4DCA/1 Mar. 17, 2020
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 2DCA/2 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 2DCA/7 Mar. 10, 2020
Zhang v. Chu
To prove malice in malicious prosecution claim, plaintiff must show defendant acted for purposes unrelated to merits of underlying claim. 		Torts 2DCA/8 Mar. 9, 2020
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 2DCA/4 Feb. 26, 2020
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 2DCA/7 Feb. 20, 2020
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 2DCA/7 Feb. 18, 2020
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 2DCA/6 Feb. 6, 2020
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 1DCA/2 Jan. 29, 2020
Hedayatzadeh v. City of Del Mar
No liability for city not erecting a pedestrian barrier preventing the public from willfully accessing hazardous areas. 		Torts 4DCA/1 Jan. 24, 2020
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 4DCA/2 Jan. 24, 2020
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