Preliminary Sections

• Author: Stanton T. Mathews/Anoush Lancaster
• Pages: 1-82

CALIFORNIA CAUSES OF ACTION

BY STANTON T. MATHEWS AND ANOUSH LANCASTER

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

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CALIFORNIA

CAUSES OF ACTION

STANTON T. MATHEWS, ESQ.

&

ANOUSH LANCASTER, ESQ.

Contact us at (866) 72-JAMES or www.jamespublishing.com