California Causes of Action

California Causes of Action delivers elements and analysis for over 125 causes of action. California Causes of Action is the go-to drafting resource.
Publisher: James Publishing

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ISBN: 9781949517606
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California Causes of Action will help you work more efficiently and effectively in all phases of pleading your case, whether you are drafting a complaint, answer or demurrer, or bringing or responding to a motion that will shape and define the parameters of the case. This edition is loaded with new case law to keep you up to date on a broad range legal topics, including: 

NEGLIGENCE 
  • Assumption of risk 
  • Duty of property owner for conduct of third-party 
  • Duty of motor carrier – “suffer or permit to work” standard in distinguishing employee from independent contractor 
MALICIOUS PROSECUTION
  • What constitutes a “prior action” brought without probable cause and with malicious intent? 
  • What constitutes “malice”
  • Abuse of process – obtaining arrest warrant by false evidence
FRAUD AND NEGLIGENT MISREPRESENTATION
  • Damages for reputational injury in fraud case
  • Negligent misrepresentation – statute of limitations: time of discovery; inquiry notice
REAL PROPERTY TORTS 
  • Slander of title – elements
  • Public nuisance – what constitutes a “substantial and unreasonable interference”?
  • Standing to bring a claim for public nuisance
EMPLOYMENT 
  • Standing to bring a FEHA failure to hire claim 
  • Disability accommodations required for probationary employees
  • Conduct that does (or does not) give rise to a constructive discharge 
INTELLECTUAL PROPERTY
  • Dilution of trademarks, service marks and trade names  — dilution of distinctive quality
  • Palming off – simulation and imitation of goods
  • Trade name infringement – secondary meaning; confusingly similar; likelihood of public confusion
GOVERNMENTAL TORT LIABILITY 
  • Time within which claim must be filed,  and when statute is tolled
  • Affirmative defenses – discretionary immunity; reasonable action
  • Public entity liability: acts and omissions of employees — scope of employment; vicarious liability 
WRONGFUL DEATH / SURVIVAL ACTIONS
  • Successor in interest – minor’s standing to sue 
  • Damages available to successor in interest in survival action
NEW FORM 
  • Complaint: Harassment, Negligent Supervision, Retaliatory Termination, Wrongful Termination in Violation of Public Policy

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Table of Contents

California Causes of Action will help you work more efficiently and effectively in all phases of pleading your case, whether you are drafting a complaint, answer or demurrer, or bringing or responding to a motion that will shape and define the parameters of the case. This edition is loaded with new case law to keep you up to date on a broad range legal topics, including:

NEGLIGENCE 
  • Assumption of risk 
    • Duty of property owner for conduct of third-party 
    • Duty of motor carrier – “suffer or permit to work” standard in distinguishing employee from independent contractor 
    MALICIOUS PROSECUTION
    • What constitutes a “prior action” brought without probable cause and with malicious intent? 
    • What constitutes “malice”
    • Abuse of process – obtaining arrest warrant by false evidence
    FRAUD AND NEGLIGENT MISREPRESENTATION
    • Damages for reputational injury in fraud case
    • Negligent misrepresentation – statute of limitations: time of discovery; inquiry notice
    REAL PROPERTY TORTS 
    • Slander of title – elements
    • Public nuisance – what constitutes a “substantial and unreasonable interference”?
    • Standing to bring a claim for public nuisance
    EMPLOYMENT 
    • Standing to bring a FEHA failure to hire claim 
    • Disability accommodations required for probationary employees
    • Conduct that does (or does not) give rise to a constructive discharge 
    INTELLECTUAL PROPERTY
    • Dilution of trademarks, service marks and trade names  — dilution of distinctive quality
    • Palming off – simulation and imitation of goods
    • Trade name infringement – secondary meaning; confusingly similar; likelihood of public confusion
    GOVERNMENTAL TORT LIABILITY 
    • Time within which claim must be filed,  and when statute is tolled
    • Affirmative defenses – discretionary immunity; reasonable action
    • Public entity liability: acts and omissions of employees — scope of employment; vicarious liability 
    WRONGFUL DEATH / SURVIVAL ACTIONS
    • Successor in interest – minor’s standing to sue 
    • Damages available to successor in interest in survival action
    NEW FORM 
    • Complaint: Harassment, Negligent Supervision, Retaliatory Termination, Wrongful Termination in Violation of Public Policy