Issued By: Rachel R. Ostrander Jae Kim v. Toyota Motor Corporation California Supreme Court (August 27, 2018) In Jae Kim v. Toyota Motor Corporation, 6 Cal. 5th 21 (2018), the California Supreme Court broke with 40+ years of court of appeal precedent barring manufacturers from using evidence of their compliance with industry custom and practice…

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Issue By: Catherine E. Golden Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Company, Inc. California Supreme Court S232946 (August 30, 2018) A prominent law firm, Sheppard, Mullin, Richter & Hampton (Sheppard), failed to inform the world’s largest PVC pipe manufacturer, J-M Manufacturing (J-M), that it had an ongoing relationship with a municipality that…

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Issued by: Leeh A. DiBello Pearl Rangel v. PLS Check Cashiers of California, Inc. (United States Court of Appeal, Ninth Circuit) August 16, 2018 Plaintiff Pearl Rangel allegedly worked for PLS Check Cashers from September 2012 to August 2014. Employees of PLS filed a California state court action alleging several violations of the California Labor…

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Issued by: Eunji Cho Eden Gonzalez Hass, et al. v. Rhodyco Productions Court of Appeal of the State of California, First Appellate District, Division Four August 13, 2018 Peter Hass collapsed and died of cardiac arrest after crossing the finish line at the 2011 Kaiser Permanente San Francisco Half Marathon. Hass’ wife and two minor…

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Issued by: N. Zeke Rivera Kathleen Willhide-Michiulis et al. v. Mammoth Mountain Ski Area, LLC Third Appellate District (July 18, 18) Plaintiff Kathleen Willhide-Michiulis was seriously injured in a snowboarding accident when she collided with snow-grooming equipment at Mammoth Mountain Ski Area. Plaintiff sued Mammoth in Los Angeles County, arguing that it has been grossly…

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Issued by: N. Zeke Rivera Mary Anselmo v. The District-Cuyamaca Community College District Fourth Appellate District, Division One (August 3, 2018) Plaintiff Mary Anselmo attended Los Angeles Pierce College and was a member of the Pierce College Women’s Volleyball team. On March 4, 2016, Plaintiff travelled to Grossmont College to participate in an intercollegiate beach…

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Issued by: Christine W. Sun Liberty Surplus Ins. Corp. v. Ledesma & Meyer Constr. Co. California Supreme Court (June 4, 2018) When a third party sues an employer for the negligent hiring, retention, and supervision of an employee who intentionally injured that third party, does the suit allege an “occurrence” under the employer’s commercial general…

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Issued by: Laurie E. Yoon Lopez v. Sony Electronics, Inc. California Supreme Court (July 5, 2018) When a child is allegedly harmed by in utero exposure to hazardous chemicals, which statute of limitations applies? Toxic exposure claims (Code of Civ. Proc. §340.8(a)), or prenatal injuries (C.C.P. §340.4)? Plaintiff Dominique Lopez brought suit when she was…

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Issued by:  Guy W. Stilson Shiver v. Laramee Court of Appeal, Second Appellate District (June 12, 2018) This case presents an interesting and unusual situation where the driver of a fully-loaded big rig, who was possibly using his cell phone, rear-ended another vehicle and not only escaped liability, but did so by winning a summary…

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Issued: Elizabeth Stewart Pebley v. Santa Clara Organics, LLC Court of Appeal, Second Appellate District (May 2018) Typically, an insured injured plaintiff many not introduce evidence of the full amount billed by his or her medical providers. Pursuant to Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, an injured plaintiff with health…

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