California Causes of Action

ISBN: 9781945421532
Annual List Price: $239

 

 

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 Actions
  • Chapter 20 Family Law
  • Chapter 21 Defenses

This edition of California Causes of Action includes new and updated case law and text throughout the book and 9 new sample complaints. The highlights include:

CHAPTER 1 NEGLIGENCE

Elder and Dependent Adult Abuse

  • Distinguishing and defining physical elder abuse and financial elder abuse
  • Proof required to establish “recklessness,” “oppression”, “fraud,” and “malice”
  • Pleading a causal link between the neglect and the injury, so as to recover enhanced damages

CHAPTER 2 EMOTIONAL DISTRESS

  • Establishing a breach of duty owed to direct victim
  • Viability of a claim for negligent infliction of emotional distress claims by plaintiffs who witness acts of medical negligence

CHAPTER 12 DEFAMATION AND PRIVACY

Libel

  • Plaintiff’s burden of proving actual malice when plaintiff is a public figure
  • Establishing a level of public activity that elevates a person to public figure status

Intrusion [Invasion of Privacy]

  • Establishing a cause of action pursuant to Civil Code §1708.85
  • Court’s obligation toward the plaintiff to keep the matter confidential in a Civil Code §1708.85 case

CHAPTER 13 INSURANCE

  • Types of claims that can and cannot be assigned
  • Enforceability of an “escape clause” between two primary insurers

CHAPTER 19 WRONGFUL DEATH/SURVIVAL ACTIONS

  • Viability of claims involving a putative spouse, children of putative spouse, stepchildren or parents

9 NEW SAMPLE COMPLAINTS

  • Legal Malpractice
  • Negligent Infliction of Emotional Distress – Bystander
  • Age Discrimination
  • Breach of Contract; Negligent Interference with Prospective Economic Advantage; Violation of Business and Professions Code §17200; Unjust Enrichment
  • Wrongful Termination in Violation of Public Policy – National Origin Harassment
  • Civil Rights Violations and Monell Claim
  • Negligence – Personal Injuries
  • Negligent Infliction of Emotional Distress – Direct Victim
  • Wrongful Termination in Violation of Public Policy – Retaliation; Harassment and Related Causes of Action
  • Wrongful Death

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