Third District affirms dismissal of malpractice and elder-abuse claims against a pain-management doctor added years after the patient’s overdose death, holding the negligence claims were time-barred and the complaint did not allege elder-abuse-level conduct.
Third District affirms summary judgment for Zipcar in a serious personal-injury case, holding that a remote, app-based rental car company has no duty to inquire whether a member appears impaired at the time of rental.
In a Section 1983 wrongful-death action brought by the parents of a man fatally shot by San Diego police officers — including allegations that officers continued to fire shots into the decedent’s body after he was already incapacitated — the court granted in part and denied in part the city
In a personal-injury suit by a consumer who lacerated her hand when a Mumm Napa Valley sparkling wine bottle exploded after she used a corkscrew to remove a stuck cork, the court granted summary judgment on the design-defect and negligent-storage claims but allowed the failure-to-warn claims to proc
Second District holds a personal-injury plaintiff’s pretrial settlement offer conditioned on the defendant’s insurer’s consent was a valid Code of Civil Procedure section 998 offer, because insurer consent is a necessary condition of any insured-defendant settlement whether stated
First District grants writ relief in part, holding the school district is immune under Education Code section 44808 for the death damages tied to a student’s off-campus suicide during winter break, but allowing the parents’ survival claim for on-campus harm to proceed.
Second District affirms summary judgment for freight broker XPO Logistics in a personal-injury suit by an injured trucker employed by the carrier XPO had hired, holding the broker did not actually exercise control over the transportation and thus owed no duty of care to the carrier’s employee.
Eastern District of California allows the plaintiff in a civil sexual assault case against a Sacramento commercial real estate developer to proceed under a pseudonym, dismisses her assault claim with leave to amend, and sustains battery, sexual battery, IIED, and most other claims based on allegatio
In a personal-injury case alleging that a recalled bone allograft caused the plaintiff to test positive for tuberculosis, the court denied remand to state court, ruling that the LLC defendant the plaintiff identified as a California citizen was actually a wholly owned subsidiary of a Japanese corpor