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Torts

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Negligent misrepresentation differs from intentional misrepresentation on at least two elements.  For fraud, the defendant must know the representation is false; whereas, for negligent misrepresentation, lack of a reasonable basis to believe the representation is true will suffice.  Also, for negligent misrepresentation, no showing of intent to deceive is required, just an intent to induce reliance on the misstated fact. … Read More

Under CCP 340.5, the statute of limitations on a medical malpractice claim expires at the earlier of three years from the date of injury or one year from the date of discovery.  Injury from the failure to diagnose a latent, progressive condition occurs “when the undiagnosed condition develops into a more serious condition,” and that more serious condition is made… Read More

Under the Uniform Voidable Transfer Act, a "transfer" made with actual intent to defraud creditors is voidable.  This decision holds that the statutory term "transfer" does not impose any requirement that property be transferred from a debtor to a third party.  Instead, a transfer from the debtor to himself can qualify as a voidable "transfer" for purposes of the UVTA… Read More

This decision finds that plaintiff stated a viable claim for fraudulent transfer of properties from Shahen Minassian to his wife Alice via a fraudulent marital dissolution degree with actual intent to hinder, delay or defraud creditors, including plaintiffs who secured a $100 million judgment against Shahen in underlying litigation.  The complaint alleged badges of actual intent to defraud:  transfer to… Read More

In Thing v. La Chusa (1989) 48 Cal.3d 644, the Supreme Court held that to state a claim as a bystander for negligent infliction of emotional distress suffered as a result of seeing injury to another person, the bystander plaintiff had, among other things, to be present at the scene of the accident when it occurs and be aware at… Read More

The Right to Repair Act (Civ. Code 895 et seq.) does not apply at all to product liability claims against a non-builder manufacturer of a product that a builder incorporates into a residence--unless the product defect causes the residence to violste one of the building standards set out in Civ. Code 896.  (Civ. Code 896(g)(3)(E).)  Here, however, a defect in… Read More

Plaintiff sued a corporation, took its default on a breach of contract claim.  Plaintiff also sued the corporation's owner and a related corporation.  After voluntarily dismissing the contract cause of action against those defendants, plaintiff continued to pursue tort claims against them for fraudulent conveyance and conspiracy, attempting to hold them liable on the default judgment against the corporation.  The… Read More

To admit her disabled, ill brother, for whom she acted as conservator, to a skilled nursing facility, plaintiff signed an admission agreement as well as two arbitration agreements, one for medical malpractice disputes, the other for all other disputes.  Plaintiff sued after the facility's poor care led to her brother's death.  The trial court denied the facility's motion to compel… Read More

Summary judgment was improperly entered against plaintiff on claims for negligence and intentional tort arising from a violent collision between plaintiff and defendant during an adult "no check" ice hockey league game.  Plaintiff produced evidence that, if believed, showed that defendant had not only violated league rules but had intentionally injured plaintiff or engaged in conduct so reckless as to… Read More

After Iran nationalized its oil industry in 1951, it owned the oil fields and Abadan oil refinery.  Iram contracted with international oil companies for those companies to provide management and other services to operating companies that were incorporated in the Netherlands and owned in part by the international companies and in part by Iram.  This decision holds that the international… Read More

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