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Duty of Care

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The trial court erred in granting defendant school district summary judgment.  Plaintiff, a student at the district's high school was stabbed by third person when following after school sports practice, she briefly visited a Starbucks and then returned to the high school to recover her books from her school locker.  The brief diversion to Starbucks did not interrupt the school's… Read More

Generally, a landlord does not owe a duty of care with respect to open and obvious dangers on the property.  There is an exception, however, when it is foreseeable that, because of necessity or other circumstances, a person may choose to encounter the condition.  Here, the exception applied because the obviously dangerous stairway, with uneven risers and no handrail, led… Read More

While an employer has an affirmative duty to provide employees with a safe place to work (Lab. Code, § 6400(a); Seabright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 603), this decision holds that this duty does not  include ensuring that an off-site meeting place for coworkers and business associates--such as at an employee’s private residence is safe… Read More

The Supreme Court holds that lenders and loan servicers do not owe borrowers a duty of care in handling their loan modification applications.  Lender and borrower are in privity of contract, and the economic loss rule prevents recovery for purely economic loss based on negligence between contracting parties.  The Biakanja factors apply only to parties not in privity of contract. … Read More

Torts, Medical Malpractice, Abandonment of Patient, Reliance on Other's Good Conduct, 1, 1 The trial court did not err in this medical malpractice case in not giving CACI 509, dealing with a doctor's abandonment of the patient.  For the instruction to be applicable, the doctor must accept the patient into his care and then refuse to treat the patient without… Read More

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