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…

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…

Doe v. United States Youth Soccer Assn., Inc.

Youth soccer league owes duty of care to child participants to perform criminal background checks on adult volunteers and employees, but no duty to warn or train the children or their parents about the risk of sexual misconduct.  A youth soccer league holds a special relationship to the children that enroll in its programs, requiring…

Anderson v. Fitness Int’l, LLC

In suit by fitness club member who slipped on shower room floor and broke his arm, summary judgment was properly entered in favor of fitness center since membership agreement contained a release of claims of ordinary negligence, and plaintiff did not plead or prove gross negligence.  Summary judgment was properly entered in favor of fitness…

Huang v. Bicycle Casino, Inc.

Summary judgment for defendant casino is reversed as questions of fact exist about whether casino was a common carrier, subject to a stricter standard of care, in providing a van to transport gamblers to and from an adjoining town.  A question of fact existed as to whether a casino was a common carrier with respect…

Jorge v. Culinary Institute of America

Employer was entitled to judgment NOV in a negligence case brought against a plaintiff injured by employee’s negligent driving of his own car on his way home from work, since the employee’s commute was subject to the “going and coming rule.”  Trial court erred in denying employer judgment NOV in this personal injury action caused…

Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc.

In seeking indemnity under an express contractual indemnity clause, an indemnitee is not limited to either the pleadings or proof the claimant presented in the underlying negligence action.  Just as an indemnitee is not limited by a claimant’s proof in the underlying action, so too the indemnitee is not limited by the claimant’s pleadings in…

Vasilenko v. Grace Family Church

Defendant church owed a duty of care to persons using its parking lot to avoid exposing them to an unreasonable risk of harm—even though the risk was from conditions on the busy road adjoining the parking lot, which the church did not own.  Church which placed its overflow parking lot across a busy 5-lane street…

Jimenez v. Roseville City School Dist.

Triable issue of fact existed as to whether school had a duty to supervise middle school classroom where child was injured while practicing risky break-dancing moves.  A student injured while practicing breakdancing in a middle school classroom with the teacher’s permission but in his absence should be allowed to proceed to trial on his negligence…