Justia California Court of Appeals Opinion Summaries

Conti and Kendrick were members of the Fremont Congregation of Jehovah’s Witnesses in the 1990s, and Kendrick was a ministerial servant, performing administrative tasks for the congregation. Conti alleged that Kendrick began molesting her when she was nine years old in 1994. Before Kendrick molested Conti, the Congregation elders learned that he had molested his stepdaughter. Kendrick’s wife also reported the incident to the police. Kendrick admitted touching his stepdaughter’s breast, and was convicted of a misdemeanor. Congregation Elders did not learn of the police report until a couple of years later. Ultimately, Conti sued for failure to warn that Kendrick was a child molester, and for failure to limit and supervise Kendrick’s participation in church activities. A jury awarded compensatory and punitive damages. The court of appeal reversed in part, holding that the defendants had no duty to warn the Congregation or Conti’s parents that Kendrick had molested a child, but can be held liable for failing to limit and supervise Kendrick’s “field service,” a church-sponsored activity where members go door-to-door preaching in the community. Kendrick had unsupervised access to Conti during field service that he used as opportunities to molest her. View "Conti v. Watchtower Bible &Tract Soc'y of N.Y." on Justia Law

Contra Costa County owns and operates a drainage system on Lettia Road that connects to a drainage channel on adjacent property owned by Pinole Point. When the drainage channel is functioning, its water flows into the San Pablo Bay. After experiencing storm-related flooding, homeowners on Lettia Road sued the County, which cross-complained against Pinole Point for nuisance and negligence, claiming that Pinole Point allowed the drainage channel to be blocked with debris and vegetation. Pinole cross-claimed negligence and inverse condemnation. The County and Pinole Point settled with the homeowners. The court ruled in favor of the County. finding that the drainage channel is a natural watercourse, that the County’s conduct with respect to its property had been reasonable, and that Pinole’s failure to maintain the channel was “entirely unreasonable,” given its actual or constructive knowledge of the existence of the drainage channel and the need to keep it clear of debris to prevent flooding. The court awarded damages to the County and ordered Pinole Point to clear and maintain the obstructed channel. The court of appeal affirmed, rejecting Pinole Point’s argument that it had no legal duty as the downstream owner to maintain the channel, especially since it did not create any diversion or obstruction. View "Contra Costa County v. Pinole Point Props., LLC" on Justia Law

Plaintiff Ronald Lee Cline was severely injured when his motorcycle collided with a turning car driven by a teenager with a provisional license. He settled with the driver and the driver’s parents for their $100,000 insurance policy limit. Cline executed a release that released the driver and his parents “and any other person, corporation, association, or partnership responsible in any manner or degree” for the accident. Cline subsequently sued defendant Berniece Delores Homuth, the driver’s grandmother and the sole adult in the car with him at the time of the collision, for negligent supervision. Homuth raised the release as an affirmative defense. She moved for summary judgment; the trial court denied the motion. A court trial followed, centering on the validity of the release and whether Homuth was an intended third party beneficiary of the release. Cline appealed the judgment in favor of Homuth, arguing the extrinsic evidence demonstrated that Homuth was not an intended beneficiary of the release. The Court of Appeal affirmed, finding that Cline failed to provide sufficient evidence to counter Homuth’s showing that she was an intended beneficiary of the release. View "Cline v. Homuth" on Justia Law

In 2008 Knox, the mother of Keys and the sister of Smith underwent surgery on her thyroid. When Knox was transferred from a post-anesthesia care unit to a medical-surgical unit, a nurse noticed Knox’s breathing was “noisy,” and called the hospital’s rapid assessment team to evaluate her. During the medical team’s efforts Knox was without a pulse for a number of minutes and as a result of her blocked airway, she suffered a permanent brain injury. She died after life support was withdrawn. A jury awarded Keys and Smith damages on their claims for negligent infliction of emotional distress. The court of appeal affirmed, rejecting an argument that there was no evidence to support the jury’s finding that plaintiffs meaningfully comprehended the medical negligence that led to the death of their family member at the time the negligence was occurring. View "Keys v. Alta Bates Summit Med. Ctr." on Justia Law

Eric Lazear, an employee of appellant Pacific Coast Elevator Corporation (Pacific Coast), ran his vehicle into appellant Daniel Bean's truck while Bean was stopped at a red light. Bean suffered serious injuries as a result of the accident and sued Pacific Coast. A jury found Pacific Coast negligent and awarded Bean $1.2 million in damages. The trial court denied Pacific Coast's motion for new trial, granted Bean's motion for prejudgment interest, and awarded Bean costs. The court entered judgment in the amount of $1,306,424.74 in Bean's favor and ordered prejudgment interest to be calculated on the entire judgment. On appeal, Pacific Coast argued that the jury's noneconomic damage award was excessive, that the trial court erred in instructing the jury on the basic speed law, and that Bean's counsel committed misconduct during the trial. Pacific Coast further contended that the trial court abused its discretion in finding that Bean's Code of Civil Procedure section 9981 pretrial offer to settle was reasonable and made in good faith. Finally, Pacific Coast claims that the trial court erred in awarding prejudgment interest on costs. In the published portion of this opinion, the Court of Appeal agreed that the trial court erred in awarding prejudgment interest on costs, and in the unpublished portion of this opinion, the Court rejected the remainder of Pacific Coast's claims. Accordingly, the Court reversed the judgment only insofar as it awards prejudgment interest on costs and remanded the matter to the trial court with directions to recalculate prejudgment interest. View "Bean v. Pacific Coast Elevator Corp." on Justia Law

In 2007, Jessica Gonzalez alleged she was sexually assaulted by Rebagliati and nine other members of the De Anza College baseball team. A year later, Gonzalez filed a civil lawsuit against her purported assailants. Rebagliati sought insurance coverage for his defense through his parents’ homeowner’s and personal umbrella policies, issued by Fire and Truck. Both companies denied coverage. Eventually, Rebagliati settled with Gonzalez, assigning Gonzalez his rights against Fire and Truck. Gonzalez sued the insurers for breach of the duty of good faith and fair dealing and breach of contract and sought recovery of judgment pursuant to Insurance Code section 11580. Her underlying allegations included accidental bodily injury, false imprisonment, invasion of privacy, and slander. Fire and Truck argued they had not owed Rebagliati a duty to defend. The trial court granted the insurers summary judgment. The court of appeal reversed in part. While none of Gonzalez’s claims can be construed to allege an accidental occurrence triggering coverage under the Fire policy, Truck’s umbrella policy is broadly worded and does not require an “accident” for personal injury coverage. View "Gonzalez v. Fire Ins. Exchange" on Justia Law

The issue this case presented for the Supreme Court's review centered on an attorney fee provision in a lease agreement which allows the prevailing party in any action arising out of the homeowner's tenancy, the agreement, or the provisions of the Mobilehome Residency Law, to recover reasonable expenses including attorney fees and costs. Wright Family, LLC dba Roadrunner Club was a manufactured home park consisting of home sites, a golf course, common areas and a large "greenbelt" common area lawn. Don Hemphill purchased a home at the park and leased the space under a written lease agreement with Roadrunner Club. While on the lawn area near his home, Hemphill stepped into a sunken and uncovered drainage hole causing him to fall and suffer serious injuries. Hemphill sued Roadrunner Club alleging negligence and premises liability on the property in which Hemphill was a tenant under the lease agreement. Following trial, Hemphill moved for an award of attorney fees under his lease agreement with Roadrunner Club, which allowed the prevailing party to recover fees if the action arose out of, among other things, the homeowner's tenancy. The trial court denied the motion. Hemphill appealed. After review, the Court of Appeal concluded that a tenant's fall while walking across a common area lawn arose out of the homeowner's tenancy and entitled him to an award of attorney fees as the prevailing party in the action. Accordingly, the Court reversed the trial court's order denying a fee award and remanded the matter for further proceedings. View "Hemphill v. Wright Family, LLC" on Justia Law

Clausen suffered a stroke and was admitted to Covenant's skilled nursing facility. After she died, her daughter sued Covenant for wrongful death, elder abuse, and violation of "patients' rights" under Health & Saf. Code 1430(b), alleging: Covenant was "chronically understaffed," her mother did not receive "appropriate care because there was not enough staff," and her mother died as "a result of . . . elder abuse, neglect and willful misconduct." The patients' rights cause of action alleged that Covenant violated her mother's right "to have nurses' notes be clear and legible, dated and signed . . . including narratives [on] how a patient responds, eats, drinks, looks, feels, and reacts." (Cal. Code, 22, 72547(a)(5).) The jury found for the plaintiff on the heath care records issues and awarded $270,000 as statutory damages (1430(b)) and $841,842 in attorney fees, with $26,327.45 in costs. The court of appeal reversed in part, holding that: patients may sue nursing facilities under section 1430(b) for violation of federal and state regulations requiring complete and accurate health care records, but statutory damages under 1430(b) may not exceed $500 per action, and the award of attorney fees and costs must be redetermined on remand. View "Lemaire v. Covenant Care Cal., LLC" on Justia Law

A jury found the University of California San Diego Medical Center (UCSD) failed to timely diagnose Barbara Kastan's breast cancer in 2007 resulting in her death in 2010. The Regents of the University of California appealed the judgment in favor of Kastan's husband and children contending: (1) plaintiffs' expert lacked foundation for his opinion there was a reasonable medical probability Kastan would have survived 10 more years if she had been timely diagnosed and (2) the court failed to properly instruct the jury on the issue of causation when it gave the standard substantial factor jury instruction rather than a special instruction regarding proof of causation to "a reasonable medical probability." Upon review, the Court of Appeal disagreed with both contentions and affirmed the judgment. View "Uriell v. Regents of UC" on Justia Law

Grebing was injured while exercising at a 24 Hour Fitness facility in La Mirada. The trial court granted 24 Hour summary judgment, holding that Grebing had signed a valid release of liability and 24 Hour did not act with gross negligence. The court of appeal affirmed, rejecting arguments that the release cannot relieve 24 Hour of liability for gross negligence, and that there was a triable issue of fact whether 24 Hour was grossly negligent; that the release does not relieve 24 Hour of liability for its own negligence; and that 24 Hour was in the chain of distribution for the rowing machine on which Grebing was injured and could be liable based on products liability. View "Grebing v. 24 Hour Fitness USA, Inc." on Justia Law