Flying into a tirade at a 13-year-old girl who had been drugged and raped and yelling at her that she was stupid and it was her fault is extreme and outrageous conduct that exceeds that bounds of decency tolerated in a civilized community and so the tirade supports a claim for intentional infliction of emotional distress. To make matters worse,… Read More
Probate Code 859 provides for an award of double damages if the court finds that the defendant son has in bad faith wrongfully taken . . . property belonging to a . . . dependent adult, . . . or has taken . . . the property by the use of undue influence in bad faith or through the commission… Read More
A governmental entity is immune from suit for the conduct of its employees or agents which could constitute a tort only if done by the governmental entity itself, in this case an abuse of process suit based on its employees and agents allegedly misuse of discovery in a civil action to audit the plaintiff's records for unclaimed property. Read More
Plaintiff's evidence, if believed by a fact-finder, would have supported the contention that defendant's ginkgo-infused pills had no mind-sharpening properties, contrary to defendant's advertising claims; so defendant was not entitled to summary judgment. Read More
The going-and-coming rule might not bar a claim against at-fault driver’s employer; though the driver was on a personal mission, the employer allegedly required him to drive a company truck at all times. Read More
A trial court did not abuse its discretion in awarding statutory attorney fees to plaintiff after she prevailed in a trespass action; despite a small damage award, the plaintiff won important equitable relief enforcing her property rights against a defendant. Read More
A university does not owe a non-student a duty of care with respect to physical safety at unsponsored, unauthorized third party activities off-campus such as a fraternity party, even if the university exercises some minimal control through university policies and police patrols. Read More
If injured on the job, a borrowed employee’s sole recourse is to claim benefits under the Longshore & Harbor Workers Compensation Act, he or she cannot sue the borrowing employer in tort. Read More
Trial court prejudicially erred in giving a special jury instruction that in determining whether the city's failure to repaint a faded cross-walk and maintain bushes was negligent, the jury could not consider the condition of the adjacent property or the design of the intersection. Read More
Apple owes no duty of care to plaintiffs whose daughter was killed by a motorist who was driving while using FaceTime on his iPhone; proximate causation was also lacking. Read More
