Jacobs v. Coldwell Banker Residential Brokerage Co.

Plaintiff could not save his complaint from summary judgment by raising a new theory of liability for the first time in his summary judgment opposition.  Summary judgment for defendant is affirmed in this case where plaintiff fell when the diving board on which he was standing collapsed causing him to fall into an empty swimming…

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…

United States ex rel. Campie v. Gilead Sciences, Inc.

Relators stated an actionable False Claims Act claim for fraud against defendant drug manufacturer, claiming that defendant had obtained a key active ingredient for HIV antiretroviral drugs it sold to the U.S. government from unapproved Chinese factories and that the improperly sourced ingredient was adulterated.  Relators stated an actionable False Claims Act claim against defendant…