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Negligence

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Gov. Code 831.7 immunizes governmental entities from liability for any injury arising out of a hazardous recreational activity.  This decision holds that unlike Gov. Code 846 which applies only to premises liability claims, section 831.7 more broadly immunizes government entities from claims whether for hazardous conditions of property or employee negligence in connection with hazardous recreational activities.  The decision also… Read More

Though the filming and exhibition of a public television reality show regarding persons aspiring to be models was entitled to protection under the Anti-SLAPP statute (CCP 425.16(e)), the plaintiff, a real, well-known model, presented enough evidence to show a probability of success on her claims for invasion of privacy, intentional and negligent infliction of emotional distress and misappropriation of her… Read More

Plaintiff's faithless manager embezzled $154,000 by taking checks payable to plaintiff, endorsing them with a squiggle that might have approximated his name, and depositing them in his own account at JPMorgan.  Because the deposits were by ATM and each check was for less than $1,500, no human inspected them.  Held, the trial court erred in granting JPMorgan summary judgment.  JPMorgan… Read More

In determining whether a defendant's tortious conduct was the proximate cause of plaintiff's damage, the court must view the general set of circumstances not the particular facts of the case.  So, here, the defendant escrow company's negligence in closing an escrow for the sale of a house led foreseeably to the seller's incurring damages in the form of attorney fees… Read More

A defendant can be held liable for negligent misrepresentation on two disparate theories.  First, under Rest.2d Torts section 311, a defendant may be liable for negligent misrepresentation in endorsing a product that physically harms the plaintiff.  (See Hanberry v. Hearst Corp. (1969) 276 Cal.App.2d 680.)  Here, plaintiff suffered no physical injury and so couldn't rely on that theory to pursue… Read More

Deputy sheriffs arrested Collins, thinking he was drunk and interrupted the paramedics' review of his medical condition.  When Collins was finally seen by a doctor, he was misdiagnosed.  As a result of the poor medical treatment, Collins suffered extensive injuries.  This decision holds that (1) despite having probable cause to arrest Collins, the deputies can be liable in negligence for… Read More

The trial court did not err in awarding attorney fees to defendant noteholder when it prevailed against plaintiff borrower's negligence and fraud claims that were aimed at preventing enforcement of the note and deed of trust through nonjudicial foreclosure.  Even though the plaintiff pursued tort theories, the gist of the action was to prevent enforcement of the note and deed… Read More

A patient may sue a physician for negligently recommending a course of treatment if (1) that course stems from a misdiagnosis of the patient’s underlying medical condition, or (2) all reasonable physicians in the relevant medical community would agree that the probable risks of that treatment outweigh its probable benefits.  The patient's informed consent to the treatment does not absolve… Read More

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