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: 9781949517156
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This edition of California Causes of Action offers new and updated case law and text throughout the book; a new chapter on legal theories and defenses; and four new forms. The new materials cover a broad range of topics, including:

NEGLIGENCE

Medical Negligence

  • Distinguishing and defining physical elder abuse and financial elder abuse
  • Reports of alleged nursing misconduct
  • Application of MICRA to simple negligence that occurs in a hospital setting
  • Duties to third parties - alleged retaliation by hospital staff against a patient
  • Statute of limitations - successive notices of intent to sue

Premises Liability
  • Duty to invitee for injuries resulting from crossing public street onto property
  • Duty to warn of obvious dangers (empty swimming pool)
  • Owner's responsibility for injuries occurring during recreational use

Elder and Dependent Adult Abuse
  • Financial abuse as elder abuse
  • Powers of attorney and arbitration agreements

PRODUCTS LIABILITY AND COMMERCIAL SALES
  • Proof of manufacturing/design defect sufficient to survive summary judgment
  • Scope of manufacturer's duty to warn

GOVERNMENTAL TORT LIABILITY
  • When the filing of a claim is not required
  • Time within which a claim may be filed - delayed discovery
  • Public entity liability - dangerous condition of property; acts/omissions of employees

NEW CHAPTER 21: LEGAL THEORIES & DEFENSES

The former chapter on defenses has been expanded and thoroughly updated and revised to cover 63 legal theories and defenses, from accord and satisfaction to the workers’ compensation exclusive remedy doctrine. The chapter includes:
  • A summary list of legal theories and defenses, in alphabetical order
  • A summary of the legal requirements for pleading an affirmative defense, with form language
  • An expanded discussion of each of the 63 theories and defenses covered, including a definition, supporting authorities, related matters and form language.

NEW FORMS

  • Complaint: Dental Malpractice (child)
  • Complaint: Trespass, Conversion, Negligent Tree Trimming
  • Complaint: Strict Products Liability, Negligence and related causes of action
  • Motion for Preferential Trial Setting: Points & Authorities; Declaration; Proposed Order

Table of Contents

Chapter 1: Negligence
Chapter 2: Emotional Distress
Chapter 3: Physical Torts
Chapter 4: Procedural Torts
Chapter 5: Fraud and Negligent Misrepresentation
Chapter 6: Products Liability and Commercial Sales
Chapter 7: Debtor/Creditor: Fraudulent Transfers
Chapter 8: Business Torts and Actions
Chapter 9: Real Property Torts
Chapter 10: Real Estate Broker, Escrow Agent and Notary Liability
Chapter 11: Contract Actions
Chapter 12: Defamation and Privacy
Chapter 13: Insurance
Chapter 14: Employment
Chapter 15: Intellectual Property
Chapter 16: Animal Torts
Chapter 17: Industrial Injury/Third Party Cases
Chapter 18: Governmental Tort Liability
Chapter 19: Wrongful Death/Survival Action
Chapter 20: Family Law
Chapter 21: Defenses
Appendix A
Table of Cases
Index