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Public Entities: Costs Against Counsel

Settle v. State of California, (Second District, July 23, 2014) — Cal.Rptr.3d —-, 2014 WL 3615482 A woman who was injured when a sand escarpment on a beach collapsed causing her to fall into the water and rocks, sued the State of California and the City of Morro Bay, alleging a dangerous condition of public property….

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Bad Faith: Uninsured Motorist Arbitration

Maslo v. Ameriprise Auto & Home Insurance, (Second District, June 27, 2014) — Cal.Rptr.3d —-, 14 Cal. Daily Op. Serv. 7318, 2014 Daily Journal D.A.R. 8471, 2014 WL 2918866 A man who was injured in a car accident and received an uninsured motorist arbitration award for less than his policy limits, filed an action for…

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Anti-SLAPP Statute: Negligent Undertaking

Hardin v. PDX, Inc., (First District, June 19, 2014) 227 Cal.App.4th 159, 173 Cal.Rptr.3d 397. A woman who suffered complete blindness and permanent scarring after taking a prescription anticonvulsant drug, filed suit against several defendants, including the manufacturer, the prescribing doctor and the pharmacy where the drug was purchased, alleging that she would not have…

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Evidence: Exclusion of Marijuana Use

Hernandez v. County of Los Angeles, (Second District, June 17, 2014) 226 Cal.App.4th 1599, 173 Cal.Rptr.3d 226. The daughter of a man who was killed when he was struck by a Los Angeles County Deputy Sheriff’s car while standing near his car after an accident on the freeway,  brought a wrongful death action against the…

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Products Liability: Component Parts Doctrine

Uriarte v. Scott Sales Co., (Second District, June 13, 2014) 226 Cal.App.4th 1396, 172 Cal.Rptr.3d 886, 14 Cal. Daily Op. Serv. 6588, 2014 Daily Journal D.A.R. 7553 A man who worked as a sandblaster filed suit against the manufacturers and suppliers of silica sand purchased by his employer, contending that the airborne toxins produced by…

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Products Liability: Take Home Exposure

Haver v. BNSF Railway Co., (Second District, June 3, 2014 | As Modified June 23, 2014) 226 Cal.App.4th 1104, 172 Cal.Rptr.3d 771. The heirs of a woman who died after contracting mesothelioma, throat cancer and progressive lung disease, filed a wrongful death action against her husband’s former employer, contending that she had contracted the disease…

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Alcoholic Beverages: Social Host Liability

Allen v. Liberman, (Third District, June 18, 2014) 227 Cal.App.4th 46, 173 Cal.Rptr.3d 463, 14 Cal. Daily Op. Serv. 6675, 2014 Daily Journal D.A.R. 7751 The parents of a 17-year old girl who was found dead from acute ethanol intoxication the morning after sleeping over at a girlfriend’s home, filed an action for wrongful death…

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Premises Liability: Automated External Defibrillators

Verdugo v. Target Corp., (Supreme Court of California, June 23, 2014) — P.3d —-, 59 Cal.4th 312, — P.3d —-, 2014 Daily Journal D.A.R. 8060 The heirs of a 49-year-old woman who died after suffering sudden cardiac arrest while shopping at a Target department store filed a wrongful death action against Target Corp., contending that…

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Age Discrimination: Disparate Impact

Rosenfeld v. Abraham Joshua Heschel Day School, (Second District, May 28, 2014) 2014 WL 2200910, — Cal.Rptr.3d —- A 60 year-old teacher at a private elementary and middle school whose hours were cut by her employer filed an action against the school, asserting causes of action for discrimination on the basis of age under the…

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Limitations: Equitable Tolling

Hopkins v. Kedzierski, (Fourth District, April 16, 2014) 225 Cal.App.4th 736, 170 Cal.Rptr.3d 551, 14 Cal. Daily Op. Serv. 4108, 2014 Daily Journal D.A.R. 4770 A woman who suffered injuries when she fell from an outdoor balcony at her place of employment filed a claim with the Worker’s Compensation Appeals Board eleven months later. Over…

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