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 volleyball tournament. Grossmont College and the volleyball courts where the tournament occurred are owned, controlled, and maintained by The District-Cuyamaca Community…

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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 liability policy? The Supreme Court finds that it can, and the answer turns on whether the injury can be considered “accidental.”…

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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 twelve years old. She had been born with multiple birth defects, including chromosomal deletion, cervical vertebrae…

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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 judgment motion despite plaintiff submitting an expert declaration stating that the rig driver had been negligent. This…

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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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Issued by: Charles S. Redfield The Regents of the University of California, et al. v. The Superior Court of Los Angeles County California Supreme Court (March 23, 2018) Defendant The Regents of the University of California was sued by a student who received serious injuries in an attack by another student in a U.C.L.A. classroom…

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Issued by: N. Zeke Rivera Urgent Care Medical Services, et al. v. City of Pasadena, and related actions Second Appellate District, Division Four The City of Pasadena Municipal Code expressly prohibits medical marijuana dispensaries. Pasadena’s Zoning Code states that any land or structure used contrary to the code is unlawful and a public nuisance. This…

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Issue By: Vernice T. Louie Travis Sakai v. Massco Investments, LLC Court of Appeal, Second Appellate District (February 8, 2018) Taco Truck Case re: Duty Defendant Massco Investments LLC (Massco) owned a gas station with a parking lot which it leased to a taco truck. Plaintiff drove into the lot to buy food from the…

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Issue By: J. Stephanie Krmpotic Luis Gonzalez v. John R. Mathis, et al. Court of Appeal, Second District (February 6, 2018) The Privette doctrine, protects the hirers of independent contractors from liability for workplace injuries involving “peculiar risk.” In this case, the trial court granted a motion for summary judgment brought by the property owner…

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Issue By: Catherine E. Golden Bustos v. Global P.E.T., Inc., et al., Fourth Appellate Court of Appeal, No. E065869 (Jan. 16, 2018) The California Court of Appeals affirmed the denial of attorneys’ fees for an employee despite the jury finding that his physical condition was “a substantial motivating reason” for his termination. William Bustos was…

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