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…

Kumari v. Hospital Committee for the Livermore-Pleasanton Areas

Plaintiff’s medical malpractice suit was untimely, having been filed more than a year after discovery of the malpractice; formal CCP 364 pre-suit notice from her attorney did not extend the limitations period since plaintiff had already sent her own letter which operated as a pre-suit notice despite not being intended as such.  Plaintiff’s medical malpractice…

Petitpas v. Ford Motor Co.

An employer owed no duty of care to an employee’s steady, non-live-in girlfriend to protect against transmission of asbestos dust on employee’s clothing; gas station, which did occasional car repairs, was not sufficiently in the stream of asbestos-containing products so as to incur strict liability for those products.  This decision declines to extend Kesner v….

City of Pasadena v. Superior Court

Plaintiff’s asbestos-caused mesothelioma claim accrued when she received that diagnosis; her government claim, filed 10 months later, was untimely, so her suit was dismissed.  Under Gov. Code 911.2, a person wishing to sue a governmental entity must first present a claim to the entity within six months of the date the claim “accrued” for purposes…

Trejo v. Johnson & Johnson, Inc.

Jury verdict for defendant on strict liability/duty to warn was fatally inconsistent with verdict against defendant on negligent failure to warn, requiring retrial of suit by a plaintiff who contracted a rare skin disease from taking ibuprofen.  Plaintiff sued manufacturers of ibuprofen after he contracted a rare skin disease from taking the drug.  The jury…