A lawyer has a duty to a nonclient third party only if the client’s intent to benefit that third party (in the way the third party asserts in their malpractice claim) is “clear,” “certain” and “undisputed.” Signs of the client's intent do not meet that high standard if there is ground for dispute as to whom the client wished to… Read More
This decision affirms an Anti-SLAPP dismissal of a malicious prosecution action against a mandatory reporter of elder abuse for an allegedly knowingly false report of elder abuse by plaintiff, accusing her of attempting to kill an elder by smothering him with a pillow. Plaintiff also claimed that defendant then coerced the elder into corroborating the false report, leading to criminal… Read More
This decision affirms the granting of a defendant law firm's Anti-SLAPP motion to strike a malicious prosecution action against it, finding the firm had probable cause to name a citizens group and some of its individual members as defendants in a quiet title action that sought to confirm the law firm's client's ownership of water rights in a creek. The… Read More
This decision reverses a summary judgment in favor of the owner and prime contractor and against the plaintiff, who worked for a demolition subcontractor. Plaintiff was injured by an unknown assailant in a walkway that the owner and prime had left unfenced to allow neighborhood residents access to a bus stop. The owner and prime exercised actual control over security… Read More
Owner sued waterproofing company in 2013 claiming its poor application of waterproofing materials on the roof of owner's building caused leaks in the roof. The jury verdict was in favor of the waterproofing company. Though finding it was negligent, the jury concluded defendant's negligence did not cause the leaks or other damage to the building. Several years later, owner sued… Read More
Heirs who filed a medical malpractice wrongful death suit lack standing to challenge the constitutionality of MICRA's limits on noneconomic damages (Civ. Code 3333.2) and attorney fees (B&P Code 6147). Plaintiffs' attorney had not withdrawn or moved to withraw due to the statutory limits on attorney fees. Moreover, there is no constitutional right to an attorney in civil litigation. Plaintiffs… Read More
Patient's lawyer's first letter to hospital was not a notice of intent to sue for medical malpractice under CCP 364; only a later letter provided that notice and extended the limitations period by 90 days. The first letter was devoted mostly to a request that the hospital preserve its records regarding the incident in which plaintiff was injured by an… Read More
This decision affirms a $12 million compensatory damage judgment agaisnt J&J and Colgate for products liability and other torts arising from plaintiff's mesothelioma allegedly caused by asbestos or asbestos-like fibers in defendants' talc products. The trial court did not err in overruling objections to plaintiff's expert witnesses' opinions. There was some evidence that the World Health Organization's International Agency for… Read More
Plaintiffs entered into arbitration agreements with Pacific as part of their agreements for Pacific's cryogenic preservation of their sperm or eggs. One of the cryogenic tanks in which the specimens were to be preserved failed. This decision holds that the manufacturer and distributor of the failed tank could not compel arbitration under the plaintiffs' agreements with Pacific to which the… Read More
Wife getting a divorce revealed private sensitive formation about husband to her investigator who relayed the information to an agent. This decision holds that the disclosure of the sensitive information was closely enough related to the divorce proceedings to be protected conduct under CCP 425.16(e). The sensitive information related to possible financial misdealing that wife wanted the investigator to look… Read More
A Controller notice of noncompliance under CCP 1576 is not a prerequisite to a false claims action for failre to report (reverse false claim) and pay (conversion) unclaimed property to the State of California. The complaint in this case adequately alleged that cashier's checks were similar written instruments to money orders and thus that the banks had an obligation to… Read More
Under a manuscript endorsement, Yahoo's insurance policy provided covereage for “injury . . . arising out of . . . [o]ral or written publication, in any manner, of material that violates a person’s right of privacy.” This decision holds that the "restrictive relative phrase" "that violates a person's right of privacy" might under standard rules of English usage and the… Read More
In this case involving a slip-and-fall on a sidewalk on defendant's property, the trial court erred in granting the defendant summary judgment under the trivial defect doctrine. Defendant failed to meet his initial burden of showing the discontinuity of pavement was a trivial defect, providing only a declaration that stated the conclusion that the separation was less than an inch… Read More
A shopping center landlord was not entitled to immunity from an independent contractor's personal injury suit under Privette v. Superior Court (1993) 5 Cal.4th 689 because the landlord did not hire the contractor. A shopping center tenant did. Also, the landlord did not delegate to the tenant the landlord's responsibility for maintaining in safe condition the portion of the premises… Read More
A school owes its minor students a duty to take reasonable measures to protect them against foreseeable harm from third parties. So, while the school cannot be held vicariously liable for an employee's sexual abuse of a student (because sexual abuse is outside the course and scope of employment), the school may be held liable for negligent hiring, supervision, and… Read More
The economic loss rule does not bar a claim for fraudulent inducement to buy a car. Plaintiffs here alleged that Nissan fraudulently induced them to buy a Nissan Sentra by intentionally concealing facts about its defective transmission which caused dangerous gaps in power to the wheels. Under the reasoning of Robinson Helicopter Co. v. Dana Corp. (2004) 34 Cal.4th 979,… Read More
Plaintiff was injured in an accident on his Yamaha dirt bike. He said the authorized Yamaha dealer from whom he bought the bike had installed the throttle mechanism improperly, leading it to fall off the bike, causing the accident. The jury verdict and judgment in favor of Yamaha Motor Corp., U.S.A., the US distributor of the bike was reversed because… Read More
This decision affirms an order enforcing a settlement agreement that resolved 20 medical malpractice actions--even though the agreement for liquidated damages of $50,000 per month up to a cap of $1.5 million if the defendant failed to timely pay the installments due under the $575,000 settlement amount. The opinion emphasizes that under Civ. Code 1781(b), which applies to contracts other… Read More
Plaintiff came to defendant's emergency room and was given an MRI without first checking to see if he had metal implants. He did and was burned as a result of the procedure. This decision affirms JNOV on plaintiff's elder abuse claim. Plaintiff could not show a case of "neglect" since defendant did not have care or custody of plaintiff. The… Read More
Distinguishing Hernandez v. KWPH Enterprises (2004) 116 Cal.App.4th 170, this decision holds that the ambulance EMTs transporting plaintiff from one psychiatric hospital to another owed her a duty of care to prevent her from harming herself. Hernandez involved a patient who voluntarily asked to be transported to a hospital but then freaked out after she arrived there. In this case,… Read More
