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Name Category Published
Hernandez v. Garcetti
Statute of limitation for negligent third party spoliation suit starts to run upon discovery of actual harm.
Torts Apr. 14, 1999
Martinez v. Vintage Petroleum, Inc.
No liability for negligent oil company when superseding act of third party causes an explosion.
Torts Apr. 14, 1999
Dillingham Construction N.A. Inc. v. Nadel Partnership Inc.
Where settlement payment isn't allocated, non-settling defendant's equitable indemnity obligation can't exceed damages actually caused.
Torts Apr. 14, 1999
International Engine Parts Inc. v. Fedderson and Co.
Judicial estoppel bars tort claim after plaintiff denies claim's existence in course of bankruptcy proceedings.
Torts Apr. 14, 1999
Toland v. Sunland Housing Group Inc.
Workers' Compensation Act bars all suits by contractor's employees against hiring party under peculiar risk doctrine.
Torts Apr. 14, 1999
Mariani v. Price Waterhouse
Summary judgment properly granted when there's no evidence that defendant intended to induce reliance.
Torts Apr. 14, 1999
Bardin v. Lockheed Aeronautical Systems Co.
Absolute privilege exists for employers providing false and misleading information regarding former employees despite Government Code qualified privilege rule.
Torts Apr. 14, 1999
McComber v. Wells
Pre-verdict settlement between co-defendants and plaintiff may be used to reduce economic damages against non-settling defendant.
Torts Apr. 14, 1999
Smith v. Golden Eagle Insurance Co.
Going to trial on personal injury claim after unsuccessful settlement attempt bars subsequent breach of contract claim.
Torts Apr. 14, 1999
Ortega v. Pajaro Valley Unified School District
School district estopped from asserting statute of limitations against one of two children molested by teacher.
Torts Apr. 13, 1999
Ortega v. Pajaro Valley Unified School District
School district estopped from asserting statute of limitations against one of two children molested by teacher.
Torts Apr. 13, 1999
Alliance Financial v. City and County of San Francisco
Public entity's silence in face of claim waives technical objections to manner in which claim was presented.
Torts Apr. 13, 1999
Hansell v. Santos Robinson Mortuary
Mortuary has no duty of care to ensure propriety of services performed by crematorium.
Torts Apr. 13, 1999
Greve v. Angeles Chemical Co.
Summary judgments should not be granted when there are triable issues regarding adequate warnings.
Torts Apr. 13, 1999
Roberts v. Galen of Virginia Inc.
Federal law doesn't require improper motive of hospital in suit for failure to stabilize prior to further action.
Torts Apr. 13, 1999
Davis v. Shiley Inc.
California's governmental interests warrant application of its statute of limitations to fraud action.
Torts Apr. 12, 1999
Fuller v. Bethany Apostolic Church
Negligent and intentional spoliation of evidence claims are dismissed for not filing within statute of limitations.
Torts Apr. 12, 1999
Robison v. Six Flags Theme Parks Inc.
Lack of prior similar incidents doesn't negate landowner's duty to take reasonable precautions.
Torts Apr. 12, 1999
Aaris v. Las Virgenes Unified School District
Doctrine of primary assumption of risk bars cheerleader's bodily injury claim against school district.
Torts Apr. 12, 1999
Sagonowsky v. More
Favorable outcome in private, contractual arbitration doesn't support subsequent malicious prosecution action.
Torts Apr. 12, 1999
Enfield v. A.B. Chance Company
Order
Torts Apr. 8, 1999
Bockrath v. Aldrich Chemical Co.
Plaintiff allegedly injured by unidentified chemicals can't sue multiple defendants in hope of discovering tort feasor.
Torts Apr. 7, 1999
Bonds v. Roy
Expert testimony may be excluded where expert witness declaration didn't provide fair notice of subject matter.
Torts Apr. 7, 1999
Chermok v. Wal-Mart Stores Inc.
Order
Torts Apr. 6, 1999
Reyes v. Kosha
Employer may have breached statutorily recognized duty to provide safe housing for farm workers.
Torts Apr. 4, 1999
Artiglio v. Corning Inc.
Company testing silicone implants for manufacturer doesn't owe duty to injured parties for negligently performed testing.
Torts Apr. 4, 1999
Richardson v. Southeastern Electric Cooperative of Durant Oklahoma
Order
Torts Apr. 2, 1999
Xanadu Maritime Trust v. Meyer
Unless opposing party shows petitioner's standard of care isn't reasonable under the circumstances, petitioner can't be charged with comparative negligence.
Torts Apr. 2, 1999
Cochran v. Cochran
'Bad joke' left on answering machine, lacking immediate threat, isn't intentional infliction of emotional distress.
Torts Apr. 2, 1999
Creason v. State Dept. of Health Services
Hereditary Disorders Act doesn't create cause of action for failure to develop testing and reporting procedures.
Torts Apr. 2, 1999