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Employment Contracts — Arbitration Agreements

Serafin v. Balco Properties Ltd., LLC, (1st Dist., March 16, 2015) — Cal.Rptr.3d —-, 15 Cal. Daily Op. Serv. 2617, 2015 Daily Journal D.A.R. 3048 A woman who was terminated from her job as a property management director filed a wrongful termination action against her employer, asserting a number of causes of action including retaliation,…

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CLRA Claims — Foreign Language Translations

Lopez v. Asbury Fresno Imports, LLC (5th Dist., February 6, 2015) 234 Cal.App.4th 71, 183 Cal.Rptr.3d 696. A husband and wife who owned a Mercedes Benz filed an action against the dealership where they purchased the car, asserting violations of various consumer protection statutes, including the Consumers Legal Remedies Act (Civ.Code, § 1750 et seq.) …

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Insurance Coverage — Expected Damage Exclusion

Gonzalez v. Fire Insurance Exchange (6th Dist., February 2, 2015) 184 Cal.Rptr.3d 394, 15 Cal. Daily Op. Serv. 2240, 2015 Daily Journal D.A.R. 2579  A woman filed an action against several members of a college baseball team, alleging that they had sexually assaulted her at a party while she was intoxicated and unconscious. The complaint…

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Medical Malpractice — Negligent Infliction of Emotional Distress

Phyllis Keys v. Alta Bates Summit Medical Center (1st Dist., February 23, 2015/March 25, 2015)    — Cal.Rptr.3d. —- The sister and daughters of a woman who died following thyroid surgery, filed an action for wrongful death against the medical centerwhere the surgery was performed.  One of the daughters and the decedent’s sister also asserted…

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Medical Malpractice — Causation Instructions

Uriell v. Regents of University of California (4th Dist., January 29, 2015) 234 Cal.App.4th 735, 184 Cal.Rptr.3d 79, 15 Cal. Daily Op. Serv. 1788, 2015 Daily Journal D.A.R. 2028 The family of a woman who died as a result of breast cancer filed an action for medical malpractice against Regents of the University of California. The…

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Intentional Infliction of Emotional Distress — Extreme or Outrageous Conduct

Wilson v. Southern California Edison (2nd Dist., February 9, 2015) 234 Cal.App.4th 123, 184 Cal.Rptr.3d 26. A woman filed a complaint for damages against Southern California Edison Company, contending that stray voltage generated by a neighboring substation owned by the utility entered into her home, causing her to sustain electrical shocks.  Asserting, inter alia, a…

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Liability Releases — Products Liability

Grebing v 24 Hour Fitness USA, Inc. (2nd Dist., January 29, 2105) 234 Cal.App.4th 631, 184 Cal.Rptr.3d 155. A health club member who was injured while using exercise equipment known as a “low row machine” filed suit against the facility, asserting various theories of negligence and products liability. The plaintiff alleged that a connecting clip…

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Public Entities — Special Public Employees

State ex rel. Dept. of California Highway Patrol v. Superior Court (Supreme Ct. of Calif., February 26, 2015) 60 Cal.4th 1002, 343 P.3d 415, 184 Cal.Rptr.3d 354. A woman and her child who were injured when they were struck by a tow truck on Interstate 5 brought an action for personal injuries against the tow…

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Summary Judgment — Initial Burden of Proof

Fazio v. Fairbanks Ranch Country Club, — Cal.Rptr.3d —-, 2015 WL 367100 A professional musician who was injured when he fell from a stage while setting up equipment for his bass guitar prior to a performance, filed suit against the property owner.  The plaintiff alleged that the defendant was negligent, and that the premises were…

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Requests for Admissions — Use During Trial

Gonsalves v. Li, — Cal.Rptr.3d —-, 15 Cal. Daily Op. Serv. 375, 2015 Daily Journal D.A.R 473 A BMW salesman who was injured in a collision while riding as a passenger during a new vehicle test drive, filed suit against the driver who had caused the accident. At trial counsel for the plaintiff called the…

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