Justia California Court of Appeals Opinion Summaries

Anthony Mitchell was driving his Ferrari in Dana Point when he ran over large rocks that had rolled onto the road from an adjacent slope, causing damage to his car and unspecified personal injuries. Mitchell and his passenger, Scott Sieverts, sued multiple parties, including Gail B. Hutchinson, trustee of the Hutchinson Family Trust, for negligence and premises liability, alleging that the defendants failed to maintain their properties to prevent rocks from becoming hazards.The Superior Court of Orange County granted summary judgment in favor of Hutchinson, concluding that she met her initial burden of showing that the plaintiffs could not prove causation. The court found that the plaintiffs failed to create a triable issue of material fact regarding whether the rocks came from Hutchinson’s property or whether the defendants negligently maintained their slopes. The plaintiffs appealed the decision.The Court of Appeal of the State of California, Fourth Appellate District, Division Three, reviewed the case. The court affirmed the lower court's decision, holding that Hutchinson met her initial burden under Code of Civil Procedure section 437c, subdivision (p)(2), by showing that the plaintiffs could not prove causation. The burden then shifted to the plaintiffs, who failed to show a triable issue of material fact. The court found that the plaintiffs' expert's opinion was speculative and lacked foundation, and there was no admissible evidence tying the rocks to Hutchinson’s property or proving negligence. Consequently, the summary judgment in favor of Hutchinson was affirmed. View "Mitchell v. Hutchinson" on Justia Law

Kenya Taylor hired Los Angeles Unified School District (LAUSD) employee Tyler Martin-Brand to babysit her six-year-old son, Dayvon, during the winter break in 2019. Tragically, Martin-Brand killed Dayvon. Taylor sued LAUSD, alleging negligent hiring and supervision of Martin-Brand. A jury found in favor of Taylor, awarding her $30 million in damages. LAUSD appealed the trial court's denial of its motion for judgment notwithstanding the verdict (JNOV) and the judgment itself.The Superior Court of Los Angeles County denied LAUSD's motions for JNOV and a new trial, asserting that LAUSD was immune from liability under Education Code section 44808. The jury had found LAUSD negligent in hiring and supervising Martin-Brand, attributing 90% of the fault to LAUSD and 10% to Taylor.The Court of Appeal of the State of California, Second Appellate District, Division Three, reviewed the case. The court concluded that LAUSD was immune from liability for Dayvon’s off-campus death under Education Code section 44808, which limits school district liability for student injuries occurring off school property unless the district has specifically undertaken responsibility for the student. The court found that Dayvon’s death did not occur during any school-sponsored activity or under LAUSD’s supervision. Consequently, the court reversed the trial court's order and judgment, directing the trial court to enter judgment in favor of LAUSD. View "Taylor v. Los Angeles Unified School Dist." on Justia Law

Plaintiffs' mother was killed when a commercial truck rear-ended her car at a red light. The plaintiffs sued the truck manufacturer, Daimler Trucks North America LLC, alleging design defect and negligent design claims. They argued that Daimler Trucks should be held liable for their mother's death because it failed to equip the truck with a collision avoidance system, Detroit Assurance 4.0, which could have prevented the accident. This system warns drivers of collision risks and can autonomously stop the truck if the driver fails to act. Daimler Trucks included this system in some, but not all, of its trucks.The Superior Court of Butte County granted summary judgment in favor of Daimler Trucks, concluding that the plaintiffs' claims failed as a matter of law. The court found that the truck driver, not the truck's design, was the proximate cause of the accident and that Daimler Trucks owed no duty to install the collision avoidance system.The California Court of Appeal, Third Appellate District, reviewed the case and reversed the trial court's decision. The appellate court found that proximate cause should be a question for the jury, as a single injury can have multiple proximate causes. The court also determined that manufacturers have a general duty to install reasonable safety devices and that this duty extends to collision avoidance systems. The court rejected the trial court's conclusion that Daimler Trucks owed no duty of care and found that the plaintiffs' evidence supported the claim that the truck's design was a proximate cause of the accident.The appellate court held that Daimler Trucks must exercise due care when choosing whether to install collision avoidance systems and that the issue of whether Daimler Trucks breached that duty was outside the scope of the appeal. The court reversed the trial court's judgment against the plaintiffs and remanded the case for further proceedings. View "Ortiz v. Daimler Truck North America LLC" on Justia Law

Plaintiffs, former tenants of the defendant, filed a complaint against their landlord, alleging various breaches and violations related to their tenancies. In response, the defendant filed two unlawful detainer actions against the plaintiffs for nonpayment of rent. These actions were later dismissed without prejudice. Subsequently, a jury found the defendant liable for certain claims, and the plaintiffs filed a new complaint, including a claim for malicious prosecution based on the unlawful detainer actions.The San Francisco Superior Court consolidated the cases and, after a bench trial, found in favor of the plaintiffs on their malicious prosecution claim. The court concluded that the defendant lacked probable cause to file the unlawful detainer actions and rejected the defendant's advice of counsel defense, determining that she did not rely on legal advice in good faith. The court entered judgment for the plaintiffs, and the defendant appealed.The California Court of Appeal, First Appellate District, reviewed the case. The court found that the defendant had asserted a valid advice of counsel defense. The defendant had consulted an attorney, disclosed all relevant facts, and acted on the attorney's advice in good faith. The court determined that the trial court erred in requiring the defendant to prove the attorney's competence and in shifting the burden of the attorney's legal research onto the defendant. Consequently, the appellate court vacated the judgment and remanded the case with instructions to enter a judgment of dismissal in favor of the defendant. The court declined to award costs as the respondents did not appear in the appeal. View "Ceron v. Liu" on Justia Law

A Hobby Lobby manager called law enforcement because Kristopher Birtcher appeared to be suffering from a mental health crisis at the store. Birtcher, who was unarmed and had committed no crime, tried to flee when sheriff’s deputies arrived. The deputies subdued him by double-cuffing his hands behind his back, securing his ankles, tying his ankles to a cord around his waist, and applying bodyweight pressure to his back while he was lying face down. Birtcher gasped that he couldn’t breathe and called for help. He stopped moving after several minutes, and the deputies kept him in a prone position for another 50 seconds before turning him on his side, then later returned him to a prone position. Birtcher died from asphyxiation and sudden cardiac arrest within 25 minutes of the deputies’ arrival.Birtcher’s minor daughter, A.B., brought state claims in state court after unsuccessfully litigating federal claims. She asserted claims for wrongful death, battery, negligence, and negligent training, and a survival action for violation of the Bane Act. The Superior Court of San Diego County granted summary judgment to the defendants, finding no triable issues of material fact on the excessive force claim and ruling that the restraint was “by the book.” The court also ruled that A.B. failed to identify a legal basis for her negligent training theory against Sheriff Gore.The California Court of Appeal, Fourth Appellate District, Division One, reversed the trial court’s decision. The appellate court concluded that there were triable issues of material fact on the excessive force claim, noting that the deputies’ use of forceful prone restraint with bodyweight compression could be seen as excessive. The court also found that the trial court erred in granting summary judgment on the negligent training claim against Sheriff Gore, as A.B. had identified a statutory basis for the claim, and Sheriff Gore failed to demonstrate the absence of triable issues of material fact. The judgment was reversed and remanded for further proceedings. View "A.B. v. County of San Diego" on Justia Law

In a personal injury case, the plaintiff, Jerry Cradduck, sued Hilton Domestic Operating Company, Inc. for negligence related to an incident at a spa in 2019. During the trial, Cradduck's attorney, Todd Samuels, failed to appear due to a medical emergency, leading to a series of events that included a mistrial and ultimately the dismissal of the complaint. The trial court dismissed the case primarily because Samuels did not provide timely evidence of his medical condition and continued to work on other cases shortly after claiming he was too ill to speak.The Superior Court of Riverside County initially granted an eight-day continuance after Samuels' medical emergency but later dismissed the case when neither Cradduck nor Samuels appeared as ordered. Samuels' failure to provide adequate medical evidence and his continued legal work in other cases led the court to question the legitimacy of his claims. The court also found Samuels' conduct sufficiently egregious to warrant a referral to the State Bar of California.The California Court of Appeal, Fourth Appellate District, reviewed the case and found no abuse of discretion by the trial court. The appellate court affirmed the judgment, agreeing that the trial court had acted within its discretion based on the evidence and circumstances presented. The appellate court also referred attorney Narine Mkrtchyan to the State Bar for her uncivil and disrespectful conduct during the proceedings. The judgment was affirmed, and the defendants were awarded their costs on appeal. View "Cradduck v. Hilton Domestic Operating Co." on Justia Law

Rhonna Tindall slipped on a layer of ice in a parking lot owned by the County of Nevada and injured her knee. She sued the County, alleging that the icy parking lot was a dangerous condition of public property under Government Code sections 830 and 835. The County moved for summary judgment, claiming immunity under section 831, which provides that a public entity is not liable for injuries caused by weather conditions affecting the use of streets and highways.The trial court granted the County’s motion for summary judgment, ruling that the parking lot was a “street” or “highway” within the meaning of section 831, and that the County was entitled to “weather immunity.” The court also found that a reasonably careful person would have anticipated the potential existence of slippery ice in the parking lot. Tindall appealed, arguing that section 831 immunity does not apply to parking lots, that the dangerous condition resulted from a combination of weather and other factors, and that the County did not meet its burden to show that a reasonably careful person would have anticipated the ice.The California Court of Appeal, Third Appellate District, reviewed the case. The court concluded that the parking lot is a “street” within the meaning of section 831, largely based on the Vehicle Code’s definition of “street” as a publicly maintained place open to the public for vehicular travel. The court found Tindall’s arguments unpersuasive and determined that the County was not liable for her injury caused by the weather condition. The court also held that Tindall’s arguments regarding the combination of weather with other factors and the reasonably careful person standard were forfeited on appeal. The judgment of the trial court was affirmed. View "Tindall v. County of Nevada" on Justia Law

A student, E.I., attended El Segundo Middle School during the 2017-2018 school year and experienced bullying from classmates, particularly Skylar. Despite E.I. and her parents repeatedly reporting the bullying to school officials, including the principal and counselor, the school failed to take effective action. The bullying included verbal harassment, social media abuse, and physical aggression, which led E.I. to self-harm and develop PTSD and depression. The school’s anti-bullying policies were not adequately followed by the staff.The case was initially reviewed by the Superior Court of Los Angeles County, where a jury found the El Segundo Unified School District negligent and awarded E.I. $1 million in damages. The District moved for a new trial and for judgment notwithstanding the verdict, both of which were denied by the court.The California Court of Appeal, Second Appellate District, reviewed the case. The District argued several points on appeal, including errors in allowing reliance on certain Education Code provisions, claims of immunity under Government Code section 820.2, insufficient evidence of causation, improper consideration of a negligent training and supervision theory, admission of expert testimony, and attorney misconduct during closing arguments. The appellate court found that many of the District’s arguments were either waived or lacked merit. The court held that the District was not immune from liability under Government Code section 820.2, as the actions in question were operational rather than policy decisions. The court also found substantial evidence supporting the jury’s causation finding and determined that any potential errors were not prejudicial. Consequently, the appellate court affirmed the judgment in favor of E.I. View "E.I. v. El Segundo Unified School Dist." on Justia Law

Alonzo McClanahan, a former employee of DPR Construction, claimed workers' compensation benefits for an injury to his right shoulder that he alleged occurred on July 25, 2017, while moving heavy materials at work. DPR's claims administrator denied the claim, and McClanahan sought adjudication from the Workers' Compensation Appeals Board (WCAB). During the trial, McClanahan testified about the injury, but DPR presented evidence and testimony from employees that contradicted his account. Medical evaluations were conducted by several doctors, including Dr. McGahan, who supported McClanahan's claim of an industrial injury.The Workers' Compensation Judge (WCJ) ruled in favor of McClanahan, finding his testimony credible and supported by medical evidence. DPR filed a petition for reconsideration, which the WCJ recommended denying. The WCAB granted the petition for further review but ultimately affirmed the WCJ's decision in a two-to-one decision, despite acknowledging that the Hanley reports, which were not listed in the pretrial conference statement, were admitted in error. The dissenting board member believed the error warranted a return to the trial level for correction.The California Court of Appeal, Third Appellate District, reviewed the case. The court found that the WCAB did not err in its credibility determination under section 5313, as the WCJ provided sufficient reasons for finding McClanahan credible. However, the court agreed with DPR that the admission of the Hanley reports, which were not listed in the pretrial conference statement, violated section 5502. The court held that this error was not subject to harmless error analysis and annulled the WCAB's decision, remanding the case for reconsideration without reference to the Hanley reports. View "DPR Construction v. Workers' Compensation Appeals Board" on Justia Law

Respondent George Zeber filed a workers' compensation claim for cumulative injury sustained during his employment with the New York Yankees from 1968 to 1978. The Workers’ Compensation Appeals Board (WCAB) found Zeber had a compensable injury but deferred any award pending further proceedings, including mandatory arbitration of the insurance coverage dispute. Travelers Indemnity Company (Travelers) disputed the applicability of mandatory arbitration, arguing it only applies to injuries occurring on or after January 1, 1994, while Zeber's injury occurred no later than 1978.The Workers’ Compensation Judge (WCJ) found Zeber sustained an injury during his employment but deferred findings on permanent disability and other issues. The WCJ also found the statute of limitations did not bar Zeber’s claim, as he only became aware of his right to file a claim in 2017 or 2018. The WCJ determined the New York Yankees had insurance coverage provided by Travelers and noted that disputes involving the right of contribution must be sent to arbitration. Travelers filed for reconsideration, which the WCAB partially granted, amending the WCJ’s decision to defer the insurance coverage issue to mandatory arbitration.The California Court of Appeal, Fourth Appellate District, reviewed the case. The court concluded that section 5275, subdivision (a)(1) applies only to injuries occurring on or after January 1, 1990. The WCJ had not made a finding on the date of injury for purposes of section 5275. The court annulled the WCAB’s decision and remanded the case for further proceedings, including a determination of the date of injury for the purposes of mandatory arbitration. The court emphasized that the "date of injury" for cumulative injuries should be determined under section 5412, which considers when the employee first suffered disability and knew or should have known it was work-related. View "Travelers Indemnity Co. v. Workers' Compensation Appeals Bd." on Justia Law