| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C026528
|
Ketchum v. State of California
Valid pursuit policy provides immunity against tort claims arising from high speed chase. |
Torts |
|
May 12, 1999 | |
|
S067060
|
Delaney v. Baker
Under Elder Abuse Act, narrow interpretation of statute necessary to effect legislative purpose of imposing heightened civil remedies. |
Torts |
|
May 12, 1999 | |
|
97-15781
|
Baker v. Liberty Mutual Insurance Co.
Owner of rental car doesn't give implied permission for unlicensed minor to drive vehicle. |
Torts |
|
May 11, 1999 | |
|
S068330
|
Andreini v. San Mateo County Superior Court (Maurilio Solorio)
Homeowners can be sued by employee of uninsured independent contractor injured while working on home. |
Torts |
|
May 11, 1999 | |
|
S077391
|
Solano v. Abrenica
Duty owed where tennis player no longer participating in tennis activity struck by ball. |
Torts |
|
May 11, 1999 | |
|
97-0579
|
Harvest v. Craig
Doctor isn't entitled 'clear and convincing' standard of proof in medical malpractice action when facts support 'preponderance of evidence' standard of proof. |
Torts |
|
May 11, 1999 | |
|
G016807
|
Bonds v. Roy
Expert testimony may be excluded where expert witness declaration didn't provide fair notice of subject matter. |
Torts |
|
May 10, 1999 | |
|
S048596
|
Cedars-Sinai Medical Center v. Superior Court (Bowyer)
Intentional spoliation of evidence, discoverable during litigation, isn't an independent tort. |
Torts |
|
May 10, 1999 | |
|
B105689
|
Axline v. Saint John's Hospital and Health Center
Release from liability of hospital representatives and medical staff doesn't release hospital itself. |
Torts |
|
May 10, 1999 | |
|
A077005
|
Arena v. Owens Corning
Strict products liability and Proposition 51 both apply to suit against supplier of raw asbestos. |
Torts |
|
May 10, 1999 | |
|
G016576
|
Edson v. City of Anaheim
Plaintiff in wrongful death action involving police must prove that use of force was unreasonable. |
Torts |
|
May 10, 1999 | |
|
D019948
|
Gawara v. United States Brass Corp.
Homeowners alleging fraud in connection with defective plumbing must show actual reliance on misrepresentations. |
Torts |
|
May 6, 1999 | |
|
B108471
|
Kotler v. Alma Lodge
Residential care facility isn't shielded by damage limits of Medical Injury Compensation Reform Act. |
Torts |
|
May 6, 1999 | |
|
b120358
|
Sipple v. Foundation for National Progress
Anti-Strategic Lawsuit Against Public Participation statute protects magazine against defamation claim by public figure featured in article alleging domestic violence. |
Torts |
|
May 6, 1999 | |
|
B107706
|
McDonald v. Southern Pacific Transportation Co.
Jury discussing evidence not presented at trial during deliberations constitutes jury misconduct requiring new trial. |
Torts |
|
May 6, 1999 | |
|
98-15281
|
Silva v. Rotkin
One year limitations period under Tort Claims Act applies to actions under federal civil rights statute. |
Torts |
|
Apr. 29, 1999 | |
|
G021750
|
Conroy v. Spitzer
Act forbidding strategic lawsuits against public participation bars defamation suit based on negative campaigning statements which has reliable basis. |
Torts |
|
Apr. 28, 1999 | |
|
98-6096
|
Hill v. Noram Investments
Order |
Torts |
|
Apr. 28, 1999 | |
|
S067733
|
Barris v. County of Los Angeles
Liability cap on professional negligence claim applies to noneconomic damage award for violation of Emergency Medical Treatment and Active Labor Act. |
Torts |
|
Apr. 22, 1999 | |
|
A078295
|
Wilson, McCall & Daoro v. American Qualified Plans Inc.
If innocent indemnitee has to defend itself due to indemnitor's negligence, attorney fees are recoverable. |
Torts |
|
Apr. 21, 1999 | |
|
A081178
|
Monarch v. Southern Pacific Transportation Co.
Federal Employers' Liability Act pre-empts injured railroad employee's state law intentional tort claim of fraudulent concealment. |
Torts |
|
Apr. 21, 1999 | |
|
A078552
|
Merlet v. Rizzo
Failed application for order for writ of sale can't support later claim for malicious prosecution. |
Torts |
|
Apr. 19, 1999 | |
|
H015496
|
Andres v. Young Men's Christian Association
Failure to provide lifeguard or supervisor for shower room Jacuzzi isn't negligence per se. |
Torts |
|
Apr. 19, 1999 | |
|
A078201 and A078305
|
Sagonowsky v. More
Favorable outcome in private, contractual arbitration doesn't support subsequent malicious prosecution action. |
Torts |
|
Apr. 19, 1999 | |
|
A076156
|
Gutierrez v. Cassiar Mining Corp.
Jury instructions in asbestos cases must provide guidance regarding pre-existing conditions. |
Torts |
|
Apr. 19, 1999 | |
|
96-56300
|
Dodds v. SVW American Broadcasting Co.
Broadcasting company's recount of third party statements in televised report doesn't support defamation action. |
Torts |
|
Apr. 19, 1999 | |
|
A079918
|
Patterson v. City of Livermore
Bicycling accident described in complaint didn't necessarily involve a 'hazardous recreational activity.' |
Torts |
|
Apr. 19, 1999 | |
|
H015496
|
Andres v. Young Men's Christian Association
Failure to provide lifeguard or supervisor for shower room Jacuzzi isn't negligence per se. |
Torts |
|
Apr. 19, 1999 | |
|
G017409
|
Davis v. Shiley Incorporated, Inc.
California's governmental interests warrant application of its statute of limitations to fraud action. |
Torts |
|
Apr. 15, 1999 | |
|
B114300
|
Martinez v. Vintage Petroleum, Inc.
No liability for negligent oil company when superseding act of third party causes an explosion. |
Torts |
|
Apr. 14, 1999 |
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