Kizer v. Tristar Risk Management

Trial court did not abuse its discretion in denying class certification in this suit for overtime compensation by claims examiners, since plaintiff had not shown that it could prove, by common evidence, that all of the claims examiners in the proposed class actually worked overtime; hence there was no preponderance of common issues.  The trial…

Alvarez v. Seaside Transportation Services, LLC

A defendant meets its initial burden on summary judgment by showing that plaintiff suffered a workplace injury while employed by an independent contractor that defendant hired; plaintiff then bears the burden of producing evidence that defendant retained control over the way the contractor performed its work or over workplace safety.  Privette v. Superior Court, 5…

Demara v. The Raymond Corp.

Defendant manufacturer of forklift was not entitled to summary judgment in design defect case, since its design included a large open area around the powered wheels, without any guards, which would crush any part of a human they ran over; and this permits an inference that the design fell below minimum safety assumptions of the…

Lewis v. Superior Court

State medical board, who was investigating a doctor for over-prescription of addictive drugs, did not violate privacy rights of doctor’s patients by obtaining database information on drugs which pharmacies had dispensed to them.  The California Medical Board did not violate patients’ right to privacy under Cal. Const., art. I, sec. 1, by obtaining from a…

Swigart v. Bruno

Plaintiff, a rider in an endurance horse race who was injured when defendant’s horse bolted after being kicked by a tailgating horse, could not recover in negligence action because she had assumed the risk; horse tailgating and its dangerous aftermath are a normal part of that sport.  One participant in an endurance horse race (of…

The Estuary Owners Assn. v. Shell Oil Co.

Lawsuit alleging that defendant had contaminated real property through its ordinary business operations on the site, which it had used as a bulk terminal for petroleum products, was barred by three-year statute of limitations applicable to injuries to real property.  The trial court erred in granting Shell summary judgment on plaintiff’s nuisance claims based on…

County of San Mateo v. Superior Court

Although government entities are immunized from liability for injuries caused by the natural condition of any unimproved public property, a campground counts as an improvement; so child could sue county after he was injured by a  falling tree at a county-owned campsite.  Distinguishing Alana M. v. State of California (2016) 245 Cal.App.4th 1482, this case…

Toeppe v. City of San Diego

City could not claim sovereign immunity after plaintiff was injured by falling tree limb in a city park because the trail on which plaintiff had been walking had no causal connection to the injury.  In a suit by a pedestrian in a city park who was injured by a falling tree limb, the city could…

Taylor v. Trimble

A homeowner is not generally responsible for supervising a child invited to his property if the child is accompanied and supervised by a parent, although the homeowner can assume and/or relinquish that duty; here, where homeowner assumed the supervisory duty but then relinquished it to a grandparent who proceeded to let the child drown, homeowner…

ZL Technologies, Inc. v. Does 1-7

Before a court may order a website to produce identifying information about an anonymous poster of information on the website, the plaintiff must establish a prima facie case, including, in a defamation case, proof of falsity of the posting’s allegedly defamatory statements.  Following Krinsky v. Doe 6, 159 Cal. App.  4th 1154 (2008), in part,…

Filmon.com v. DoubleVerify, Inc.

Plaintiff could not sue defendant for defamation after defendant rated plaintiff’s website as carrying adult content and copyright-infringing material, since these ratings addressed matters of public interest and were therefore protected by the Anti-SLAPP statute.  DoubleVerify sends ratings of websites to its subscribers.  DoubleVerify’s confidential reports tagged Filmon’s website as one carrying adult content and…

Bonni v. St. Joseph Health System

A whistleblower suit under Health and Safety Code 1278.5 cannot be stricken under the Anti-SLAPP statute, since defendant’s alleged wrongful purpose or motive in firing plaintiff was not protected Anti-SLAPP activity.  Following Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057 and Nam v. Regents of University of California (2016) 1…