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Liability Releases — Gross Negligence

Jiminez v. 24 Hour Fitness USA, Inc. (Third District, June 9, 2015) 237 Cal.App.4th 546, 188 Cal.Rptr.3d 228, 15 Cal. Daily Op. Serv. 5893, 2015 Daily Journal D.A.R. 6334 A woman filed suit against a fitness center after sustaining a severe head injury when she fell rearward from a moving treadmill and struck her head…

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Ostensible Agency – Medical Services

Whitlow v. Rideout Memorial Hospital, (Third District, June 9, 2015) 237 Cal.App.4th 631, 188 Cal. Rptr.3d 246, 15 Cal. Daily Op. Serv. 5902, 2015 Daily Journal D.A.R. 6373. The children of a woman who died from a massive brain hemorrhage two days after being treated for a headache at a hospital emergency room, filed an…

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Civil Rights – Proposition 209

Baez v. California Public Employees’ Retirement System (Second District, May 8, 2015) 186 Cal.Rptr.3d 781, 15 Cal. Daily Op. Serv. 4519, 2015 Daily Journal D.A.R. 5150 A Latino investment fund manager sued the California Public Employees’ Retirement System (CalPERS) and its chief investment officer, alleging that the defendants had denied him the opportunity to manage…

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Indian Tribes – Sovereign Immunity

Cosentino v. Fuller (Fourth District, May 28, 2015) — Cal.Rptr.3d —-, 15 Cal. Daily Op. Serv. 5303 A man who was terminated from his job as a table games dealer at an Indian tribal casino filed suit against five members of the tribe’s gaming commission responsible for licensing individuals involved in the tribe’s gaming activities…

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Special Relationship — Duty to Disclose

Doe v. Superior Court (Sixth District, May 29, 2015) — Cal.Rptr.3d —-, 2015 WL 3429130  The parents of an 8-year-old girl who was molested by a summer camp supervisor, filed an action against the church which ran the camp.  The parents asserted a number of causes of action on behalf of their daughter, as well…

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MICRA — Statute of Limitations

Pouzbaris v. Prime Healthcare Services—Anaheim, LLP (Fourth District, April 23, 2015)  236 Cal.App.4th 116, 186 Cal.Rptr.3d 314, 15 Cal. Daily Op. Serv. 3973, 2015 Daily Journal D.A.R. 4512 A woman who was injured when she slipped and fell on a recently mopped floor at a hospital filed suit against the owner of the facility, seeking…

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Duty of Care — Religious Organizations

Conti v. Watchtower Bible & Tract Society of New York, Inc. (First District, April 13, 2015)  235 Cal.App.4th 1214, 186 Cal.Rptr.3d 26, 15 Cal. Daily Op. Serv. 3573, 2015 Daily Journal D.A.R. 4094 A woman who was molested as a child by an adult male member of her church congregation filed suit against her abuser,…

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General Jurisdiction — Continuous and Systematic Affiliation

BNSF Railway Company v. Superior Court (Second District, March 27, 2015) 235 Cal.App.4th 591, 185 Cal.Rptr.3d 391, 15 Cal. Daily Op. Serv. 3088, 2015 Daily Journal D.A.R. 3506, 2015 Daily Journal 4049 The relatives of a former railway worker who died from malignant pleural mesothelioma filed a wrongful death action against a railway company. The…

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Employment Law — Mental Disability

Higgins-Williams v. Sutter Medical Foundation (Third District, May 26, 2015) — Cal.Rptr.3d —-, 15 Cal. Daily Op. Serv. 5245, 2015 Daily Journal D.A.R. 5740  A woman who worked as a medical clinical assistant performing patient intakes filed an action against her employer, asserting causes of action for disability discrimination and wrongful termination. The plaintiff alleged…

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