California Causes of Action
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