To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

Torts

The issue of duty is an important concept in negligence. Last month, the Fourth District Court of Appeal published a new case addressing whether a contract between a Costco store and an independent contractor operating food sample tables in the store could effectively limit the duty the independent contractor owed to Costco customers in the store. A video discussing the case is above and my summary of the case is below.

New Torts Decision 

Hassaine v. Club Demonstration Services, Inc. (2022) _ Cal.App.5th _ , 2022 WL 1195331: The Court of Appeal reversed the trial court's order granting defendants' motion for summary judgment in plaintiff's action alleging negligence and damages arising out of her slip and fall on a slippery substance on the floor of...

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

 Torts

The issue of tort duty is constantly evolving in California. Last month, the Second District Court of Appeal published a new decision addressing whether a residence for the disabled owes a duty under tort law to protect residents from potential harm from contractors used by the residence. In the video above I briefly discuss this new case. Below is my summary of the case.

New Tort Decision 

Doe v. Brightstar Residential Incorporated (2022) _ Cal.App.5th _ , 2022 WL 714127: The Court of Appeal reversed the trial court's order granting defendants' motion for summary judgment in plaintiff's action against defendants, a residence for the disabled and its owners, as a result of a sexual assault of plaintiff by a handyman used by the residence....

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

 Torts

The issue of tort duty is constantly evolving in California. Last month, the California Supreme Court published a new decision addressing whether a lender owes a borrower a duty under tort law when responding to a request for a loan modification. In the video above I briefly discuss this new case. Below is my summary of the case.

New Torts Decision 

Sheen v. Wells Fargo Bank (2022) _ Cal.5th _ , 2022 WL 664722: The California Supreme Court affirmed the trial court's order sustaining defendant's demurrer to plaintiff's cause of action alleging negligence in defendant's responses to plaintiff's loan modification requests. The California Supreme Court ruled that a lender does not owe the borrower a tort duty sounding in general negligence...

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month.

 Torts

There are many immunities that can derail a plaintiff's tort case, and the recreational immunity is one of them. Last month, the Second District Court of Appeal published a new decision addressing whether a jogger who was training for a half-marathon was engaged in a recreational purpose. In the video above I briefly discuss this new case. Below is my summary of the case.

New Tort Decision 

Rucker v. WINCAL, LLC (2022) _ Cal.App.5th _ , 2022 WL 336718: The Court of Appeal affirmed the trial court's order granting defendant's motion for summary judgment on the basis that plaintiff's personal injury action was barred by the recreational use immunity in Civil Code section 846(a). Plaintiff, who was training for a half-marathon, was jogging on property...

In addition to my work as a mediator, arbitrator and referee, I help California lawyers easily keep up with the new case law in their practice areas by publishing California Case Summaries™. 

Below is a free sample of a new case summary from the newly published issue of my publication California Case Summaries Monthly™, with summaries of the 43 new California civil and family law cases published in January of 2022. 

California Supreme Court
Employment

 Lawson v. PPG Architectural Finishes, Inc. (2022) _ Cal.5th _ , 2022 WL 244731: The California Supreme Court, answering a question posed by the Ninth Circuit Court of Appeals, determined the proper method for presenting and evaluating a claim of whistleblower retaliation under Labor Code section 1102.5. Once an employee-whistleblower establishes by a preponderance of the evidence that retaliation was a contributing factor in the employee’s termination, demotion, or other...

California Case Summaries
by Monty A. McIntyre, Esq.

CALIFORNIA COURTS OF APPEAL

Torts

Koussaya v. City of Stockton (2020) _ Cal.App. 5th _ , 2020 WL 5626796: The Court of Appeal affirmed the trial court's order granting defendants' motions for summary judgment in a case alleging assault and battery, negligence and intentional infliction of emotional distress arising from plaintiff's[1] serious injuries suffered after she jumped from a moving Ford Explorer driven by bank robbers being chased and shot at by police officers. The Court of Appeal ruled that the trial court had abused its discretion in excluding evidence contained a report by the Police Foundation regarding the incident, and also misapplied the Government Claims Act (Gov. Code, § 810 et seq.) to improperly limit the scope of plaintiff's allowable claims based upon the tort claim filed by plaintiff. However, even taking into account the improperly excluded evidence and properly viewing the factual basis of plaintiff's...