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California Appellate Tracker

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Under the Government Code’s “trail immunity” provision, the City of Pasadena was immune from plaintiff’s negligence claims after he slid over an unguarded ten-foot retaining wall while trying to reach a pedestrian trail in the middle of the night. Read More

Plaintiff, a temp hired by defendant staff agency to work for another company, was considered to have joint employers, both of whom owed a duty to allow her meal breaks; however, each employer was liable only for its own actions that violate that legal requirement. Read More

When two or more people join efforts to conduct a business without incorporating, they are deemed to have formed a partnership, but if the business is later incorporated, the corporation is presumed to have superseded the partnership unless there is proof of a pre-incorporation agreement to continue the partnership in operation post-incorporation. Read More

A college owes its students a duty of care to protect them from foreseeable harm (here, an attack by a mentally troubled student) in the classroom during a college course, since students are dependent on their colleges for a safe environment and colleges have a superior ability to provide that safety for activities and facilities under their control. Read More

Under Code of Civil Procedure section 352.1, the statute of limitations is tolled if the claim accrues when the plaintiff is imprisoned in a state prison under a criminal sentence, but not if the plaintiff is held in a county jail or in pre-trial detention. Read More

District court did not abuse its discretion in assessing contempt sanctions against a party for its expert witness’ non-appearance at a deposition; the party failed to show it made good faith efforts to produce the witness as directed in the court’s Rule 37 order. Read More

An 81-year-old plaintiff was entitled to calendar preference on showing she had a substantial interest in the suit and given her bad health, preference was needed to avoid prejudice. Read More

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