California Causes of Action

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.

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ISBN: 9781580123167
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REVISION 23 HIGHLIGHTS

This edition of California Causes of Action is loaded with new case law to keep you up to date on a broad range of legal topics and practice areas, including:

NEGLIGENCE 

Medical Malpractice

  • Distinguishing ordinary negligence from medical malpractice
  • Scope of physician’s duty
  • When damages become evident to trigger statute of limitations

Negligent Entrustment

  • Negligent entrustment of a vehicle to an unlicensed driver
  • When liability attaches for negligent entrustment of a firearm

Elder/Dependent Adult Financial Abuse

  • Standing to bring a claim
  • Available damages
  • Motor carrier negligence
  • California’s “ABC test” not preempted by federal Aviation Administration Authorization Act

EMPLOYMENT

  • Disparate treatment—remedy: rate of pay
  • Termination based on sexual orientation as a wrongful termination in violation of public policy

GOVERNMENT TORT LIABILITY

  • Claims re: COVID-19 restrictions imposed by the state
  • Scope of employment limits qualified immunity—police excessive force cases

WRONGFUL DEATH / SURVIVAL ACTIONS

  • Immunity for social media platforms under the Communications Decency Act (CDA)
  • No right to appeal order releasing a co-defendant from liability when the remaining defendant has possibility of individual liability

LEGAL THEORIES AND DEFENSES

  • Anti-SLAPP motions—elements and authorities
  • Distinguishing an exercise of First Amendment rights from civil harassment
  • Standing in Article III cases for violation of constitutional rights

PRODUCTS LIABILITY AND COMMERCIAL SALES

DEFAMATION AND PRIVACY

INSURANCE-RELATED CAUSES OF ACTION

INTELLECTUAL PROPERTY

INDUSTRIAL INJURY/THIRD-PARTY CASES PRODUCTS LIABILITY AND COMMERCIAL SALES

Additional forms materials are available from James Publishing; access to those materials can be requested directly from James by following guidelines provided within the eBook or emailing forms@jamespublishing.com.

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