Case Summaries

[12/01] Bartholomew v. Youtube, LLC.
Affirming the trial court's dismissal for failure to state a claim in the case of a musician whose video was taken down from YouTube, which posted a statement that the video had violated their terms of service, because using violence and profanity as examples of things that could result in the removal of a video did not amount to libel.

[11/29] Adelson v. Harris
Affirming the district court's dismissal of a case and award of attorney's fees and costs in the case of a man suing the National Jewish Democratic Counsel for defamation arising from the organization's communication to presidential candidate Mitt Romney that the plaintiff's financial contributions were tainted because the plaintiff failed to allege knowledge of falsity in their statements.

[11/29] Santos v. Los Angeles Unified School District
Reversing the trial court's grant of summary judgment after a Los Angeles School Police Department (LASPD) vehicle driven by an LASPD officer struck another vehicle a lawsuit was filed against the LASPD, but the vehicle turned out to be insured by the Los Angeles Unified School District (LAUSD), later added to the complaint, because there was a factual dispute regarding whether the misrepresentation of the LASPD officer resulted in equitable estoppel.

[11/29] Olson v. Manhattan Beach Unified School District
Affirming the trial court's dismissal of a second amended complaint in a lawsuit alleging defamation and deceit related to parents' complaints about a baseball team coach because the grievance, filed pursuant to a collective bargaining agreement, failed to satisfy the claim filing requirements of the Government Claims Act.

[11/28] Kedra v. Schroeter
Reversing the district court's grant of qualified immunity and remanding the case of a state trooper shot and killed by his instructor during firearms training because although the plaintiff only alleged an objective theory of deliberate indifference, which was not clearly established at the time of the shooting, the obviousness of the risk was relevant to proving actual knowledge and the allegations were sufficient to support a reasonable inference, adequately pleading a state-created danger claim.

[11/27] F.P. v. Monier
Affirming the judgment of the court of appeal that the district court's failure to issue a statement of decision as required by the Code of Civil Procedure was not reversible per se because no judgment can be set aside on the ground of misdirection of the jury, the improper admission or rejection of evidence, or for any error as to pleading or procedure, unless after examining the entire cause the court concludes that the error resulted in a miscarriage of justice.

[11/21] Dickinson v. Cosby
Reversing a decision striking the plaintiff's first amended complaint as it applied to Bill Cosby's attorney in a defamation suit involving a letter that characterized her rape accusation as a lie, as it applied to a demand letter, but affirming the denial of an anti-SLAPP motion with respect to a press release.

[11/21] Laboratory Specialists International, Inc. v. Shimadzu Scientific Instruments, Inc.
Affirming the district court's dismissal of a lawsuit pursuant to the forum selection clause in the parties' contract because there was no procedural error and the court did not err in dismissing the plaintiff's tort claims or by refusing to conduct an analysis under discretionary forum non conveniens factors.

[11/16] Cornell v. City and County of San Francisco
Affirming the jury verdict for tortious interference with economic advantage, Civil Code violations, attorney fees, and costs in the case of a police officer trainee who was wrongly arrested and held while taking a morning run because there was sufficient evidence to support the decisions, damages awards, and verdict.

[11/16] Best Auto Repair Shop, Inc. v. Universal Insurance Group
Affirming the district court's grant of summary judgment dismissing the plaintiff's claims in the case alleging that insurance companies had unlawfully interfered with the plaintiff's right to make or enforce existing and prospective contracts with their insureds or third party claimants by excluding a repair shop and because the owner is black and Dominican because issues were waived or improperly pleaded.

[11/16] Best Auto Repair Shop, Inc. v. Universal Insurance Group
Affirming the district court's grant of summary judgment dismissing the plaintiff's claims in the case alleging that insurance companies had unlawfully interfered with the plaintiff's right to make or enforce existing and prospective contracts with their insureds or third party claimants by excluding a repair shop and because the owner is black and Dominican because issues were waived or improperly pleaded.

[11/14] P. v. Conagra Grocery Products Company
Reversing a trial court judgment relating to the sale of lead-based paints because substantial evidence didn't show causation as to residences built after 1950 and directing the trial court to hold further proceedings on remand regarding the appointment of a suitable receiver for any damages, but otherwise affirming.

[11/13] Vasilenko v. Grace Family Church
Holding that a church did not owe its invitees a duty to prevent injuries that resulted from crossing a public street between the church's overflow parking lot and the church itself because the street's dangers were not obscured or magnified by any condition on the landowner's premises or any action taken by them.

[11/13] Amoah v. McKinney
Affirming the district court's decision to grant the defendant's motion to strike the plaintiff's statement of facts and granting summary judgment on the remaining record in a case where a tractor trailer rear-ended the plaintiff's passenger vehicle because expert opinions that were necessary to prevail hadn't been filed by the plaintiff until months after the deadline for expert disclosures had passed.

[11/02] Lichtman v. Siemens Industry Inc.
In an injury and tort action, arising after plaintiff was injured in an auto collision during a power outage when the intersection's traffic signal's battery backup unit, maintained by defendant, had no batteries, the trial court's grant of summary judgment to defendant is reversed where the defendant failed to establish it was entitled to judgment as a matter of law.

[10/27] In Re Complaint of Buchanan Marine, L.P.
Affirming the district court's decision to dismiss the case of a barge worker claiming under the Longshore and Harbor Workers' Compensation Act, NY, and maritime law for injuries sustained while working on a barge and grant a complaint for exoneration of liability pursuant to the Limitation of Liability Act because the court correctly held that the worker, who inspected and maintained mooring barges, was not a 'seaman' for the purpose of the Jones act, but also vacating and remanding because the court erred in dismissing certain claims against the owner of the barge and operator of the facility

[10/26] M.F. v. Pacific Pearl Hotel Management, LLC
Reversing and remanding the superior court's dismissal of a claim under the California Fair Employment and Housing Act brought by a housekeeping employee who was raped by a drunk non-employee trespasser that the employer knew or should have known was on the premises and had aggressively propositioned other employees prior to the attack because the claims were sufficient under the statute to survive the employer's demurrer.

[10/25] P. v. Luo
Affirming the jury conviction of a man for involuntary manslaughter following the collapse of an unsupported excavation at a construction site that resulted in a worker's death because expert testimony was unnecessary to establish that the unsupported excavation presented a serious danger and this determination did not involve information beyond the average person's common experience.

[10/25] Foltz v. Johnson
Affirming the grant of summary judgment in an action alleging negligence by a woman's former fiance when a dirt bike ride resulted in her being thrown from the vehicle and suffering a paralyzing spinal injury because her agreement to go dirt biking resulted in a primary assumption of risk and there were no triable issues of fact regarding whether the defendant engaged in reckless conduct totally outside the range of activity involved in off-road dirt biking.

[10/23] Andrews v. Target Pharmacy
Affirming the entry of an order of summary judgment against the defendant in a case where there were multiple deadline extensions granted to submit the documentation necessary to admit expert testimony that the defendant failed to meet because it was not an abuse of discretion to refuse to reopen discovery after the defense's repeated failure to comply with deadlines and submit the necessary documentation.

[10/23] Curtis Engineering Corporation v. The Superior Court of San Diego County
Granting the petition for writ of mandate in a case involving professional negligence in which the attorney for a plaintiff failed to file a certificate declaring that a consultation and opinion from an expert in the field had been acquired in support of the action until after the expiration of the statute of limitation and more than 60 days after the filing of the complaint because such notices are required on or before the date of service of the complaint and no adequate excuse for not doing so had been proffered.