January 15, 2021

As a service to our clients and colleagues, we have prepared an index to our 2020 ebulletins. Each topic below is linked to summaries of the associated ebulletins issued in 2020, which you can then read in full by clicking on the summary. We hope you find this compilation useful. Best wishes for the new year.

ANTI-SLAPP
APPELLATE PROCEDURE
ARBITRATION
ASSUMPTION OF RISK
BURDEN OF PROOF
BUSINESS TORTS
CAUSATION
CIVIL PROCEDURE
COPYRIGHT/TRADEMARK
COVID-19
DAMAGES
DEFAMATION
EVIDENCE
EXPERT TESTIMONY
INSURANCE
LEGAL MALPRACTICE
LITIGATION PRIVILEGE
MALICIOUS PROSECUTION
MEDICAL NEGLIGENCE
PAGA CLAIMS
PERSONAL INJURY
PREMISES LIABILITY
PRIVETTE DOCTRINE
PRODUCTS LIABILITY
TRADE SECRETS
TRESPASS
UNFAIR COMPETITION
VICARIOUS LIABILITY
WAGE AND HOUR

ANTI-SLAPP

• Anti-SLAPP Statute Protects Hospital's Statements About Doctor's Qualifications and Competence [Yang v. Tenet Healthcare Inc.] (May 19, 2020)
• Court of Appeal Dismisses Anti-SLAPP Appeal as Untimely [Marshall v. Webster] (August 31, 2020)
• Court of Appeal Dismisses Appeal from Judgment Entered after Order Granting Anti-SLAPP Motions [Reyes v. Kruger] (October 2, 2020)
• Court of Appeal Holds Anti-SLAPP Statute Applies to Federal Claims Brought in State Court [Patel v. Chavez] (May 6, 2020)

APPELLATE PROCEDURE

• Appellate Practice Tip: Preservation of Legal Theories for Appellate Review (June 30, 2020)
• Appellate Practice Tip: Stay of Enforcement in Special Proceedings (June 17, 2020)

ARBITRATION

• Court of Appeal Holds Inferences Insufficient to Prove Patient Authorized Relatives to Execute Arbitration Agreements; Federal Arbitration Act Does Not Preempt Determining Scope of Agent's Authority [Garcia v. KND Developments 52, LLC] (December 30, 2020)
• Physician Equitably Estopped from Asserting Limitations Defense by Agreeing to Arbitrate [Doe v. Marten] (June 9, 2020)

ASSUMPTION OF RISK

• Court of Appeal Holds Primary Assumption of Risk Doctrine Does Not Protect Recreational Hockey Players from Liability for Conduct Outside the Sport's Normal Range of Activity [Szarowicz v. Birenbaum] (December 10, 2020)
• Court of Appeal Holds Primary Assumption of Risk Doctrine Does Not Excuse Local Government from Duty to Recreational Bicyclists to Maintain Public Road [Williams v. County of Sonoma] (October 5, 2020)
• Court of Appeal Holds Primary Assumption of Risk Does Not Apply to Collision with Dog on a Hiking Trail [Wolf v. Weber] (July 21, 2020)
• Court of Appeal Holds That Allegation of Negligent Failure to Install Netting to Prevent Foul Ball Injuries at Baseball Games Is Not Barred by Assumption of Risk Doctrine [Summer J. v. United States Baseball Federation] (February 20, 2020)

BURDEN OF PROOF

• California Supreme Court Resolves a Split of Authority and Confirms the Clear and Convincing Evidence Standard Applies on Appeal [Conservatorship of O.B.] (July 28, 2020)

BUSINESS TORTS

• California Supreme Court Holds Intentional Interference with At-Will Contract Requires an Independent Wrong and Rule of Reason Governs Section 16600 Claims [Ixchel Pharma, LLC v. Biogen, Inc.] (August 5, 2020)
• Court of Appeal Holds Nonparty with Economic Interest in Contract May Be Sued for Intentional Interference [Caliber Paving Company, Inc. v. Rexford Industrial Realty and Management, Inc.] (September 4, 2020)

CAUSATION

• United States Supreme Court Examines Causation Standard for Section 1981 Claims [Comcast Corp. v. National Association of African American-Owned Media] (March 24, 2020)

CIVIL PROCEDURE

• Court of Appeal Holds Master Jury Lists Are Public Records Subject to Disclosure [Alfaro v. Superior Court] (December 14, 2020)
• Court of Appeal Discusses and Interprets Emergency Judicial Council Rule [Ayala v. Superior Court] (April 30, 2020)
• Court of Appeal Holds Motion for New Trial Can Be Filed Following Default Judgment [Siry Investment, L.P. v. Saeed Farkhondehpour] (August 6, 2020)

COPYRIGHT/TRADEMARK

• Ninth Circuit Holds Literary Mashup Is Not Fair Use [Dr. Seuss Enterprises v. ComicMix] (December 18, 2020)

COVID-19

• Ninth Circuit Holds Nevada's COVID-19 Emergency Directive Violates Free Exercise Clause of First Amendment [Calvary Chapel Dayton Valley v. Sisolak] (December 22, 2020)
• Expanded Ebulletin - Deceptive Marketing During the COVID Pandemic (December 11, 2020)
• Products Liability & Immunity in the COVID-19 Era (December 15, 2020)
• Special Edition eBulletin: Envisioning Socially Distanced Trials in the Age of COVID-19 (May 7, 2020)

DAMAGES

• California Supreme Court Holds Statute Authorizing Heightened Damages for Injury to Trees Does Not Apply to Trees Damaged by Negligently Spread Fires [Scholes v. Lambirth Trucking Co.] (February 24, 2020)
• Court of Appeal Allows Emotional Distress Damages for Mishandling of Pet Remains [Levy v. Only Cremations For Pets, Inc.] (November 9, 2020)
• Supreme Court Holds Intentional Tortfeasors Not Entitled to Reduction or Apportionment of Noneconomic Damages under Civil Code Section 1431.2 [B.B. v. County of Los Angeles] (August 12, 2020)

DEFAMATION

• Court of Appeal Upholds Recovery for Self-Defamation, Including Punitive Damages [Tilkey v. Allstate Insurance Co.] (April 23, 2020)

EVIDENCE

• California Supreme Court Holds That Witness's Description of a Logo and Company Name on an Invoice Is Circumstantial Evidence of Identity, Not Hearsay [Hart v. Keenan Properties, Inc.] (May 29, 2020)
• Court of Appeal Addresses Admission of Enhanced Video Evidence [People v. Tran] (June 15, 2020)
• The Court of Appeal Has Placed Limits on the Type of Evidence That May Be Introduced to Prove a Discrimination Claim [Pinter-Brown v. The Regents Of The University Of California] (April 27, 2020)

EXPERT TESTIMONY

• Court of Appeal Examines Sufficiency of Expert Testimony on Summary Judgment [McAlpine v. Norman] (July 10, 2020)
• Court of Appeal Holds Mere Possibility of Causation Does Not Provide Adequate Foundation for Expert Causation Opinion [Waller v. FCA USA LLC] (May 8, 2020)
• Ninth Circuit Upholds Exclusion of Expert Testimony under Daubert in Automobile Design Defect Class Action [Grodzitsky v. American Honda Motor Co.] (May 1, 2020)

INSURANCE

• Court of Appeal Holds "Genuine Dispute" Doctrine Shields Insurers' Reliance on Expert Report to Deny Coverage [501 East 51st Street v. Kookmin Insurance] (April 20, 2020)
• Court of Appeal Holds Specialized Insurance Brokers May Owe Heightened Duty to Advise Insurance Clients [Murray v. UPS Capital Ins. Agency, Inc.] (October 8, 2020)
• Court of Appeal Holds Unreasonable Reliance on Expert Reports Does Not Shield Insurer From Liability under the "Genuine Dispute" Doctrine [Fadeeff v. State Farm General Insurance, Co.] (June 12, 2020)
• Supreme Court Adopts "Vertical Exhaustion" Rule for Access to Excess Insurance Policies [Montrose Chemical Corp. of California v. Superior Court] (April 6, 2020)
• Waiver and Estoppel May Be Used to Preclude an Insurer from Asserting Failure of a Condition Precedent to Coverage [Dones v. Life Insurance Company of North America] (October 9, 2020)

LEGAL MALPRACTICE

• Court of Appeal Clarifies Continuous Representation Tolling Rule for Legal Malpractice Statute of Limitations [Nguyen v. Ford] (May 15, 2020)

LITIGATION PRIVILEGE

• California Supreme Court to Consider Whether the Litigation Privilege Bars Breach of Contract Claims [Doe v. Olson] (May 18, 2020)

MALICIOUS PROSECUTION

• Court of Appeal Holds Unilateral Dismissal Satisfies Favorable Termination Requirement of Malicious Prosecution Action [Roche v. Hyde] (July 6, 2020)

MEDICAL NEGLIGENCE

• California Supreme Court to Consider Application of MICRA Cap to Physician Assistants Practicing without Direct Physician Supervision [Lopez v. Ledesma] (August 3, 2020)
• Court of Appeal Finds MICRA Damage Cap Inapplicable to Claim That Physician Exceeded Scope of Patient Consent [Burchell v. Faculty Physicians & Surgeons of the Loma Linda School of Medicine] (December 8, 2020)
• Medical Malpractice Plaintiff's Ostensible Agency Theory Negated by Hospital Notice [Wicks v. Antelope Valley Healthcare District] (June 16, 2020)

PAGA CLAIMS

• Court of Appeal Holds PAGA Plaintiff Is Bound by Prior PAGA Settlement and Lacks Standing to Sue [Robinson v. Southern Counties Oil Co.] (August 21, 2020)
• Employees Can Pursue Representative PAGA Claims Even If They Settle and Dismiss Their Individual Wage Claims [Kim v. Reins International California, Inc.] (March 12, 2020)
• PAGA Representatives Cannot Be Compelled to Arbitrate Whether They Are Aggrieved Employees [Brooks v. AmeriHome Mortgage Co., LLC] (April 9, 2020)

PERSONAL INJURY

• Court of Appeal Holds "Virtual Presence" by Livestreaming Satisfies Contemporaneous Presence Requirement for a Bystander Emotional Distress Claim [Ko v. Maxim Healthcare Services, Inc.] (December 28, 2020)

PREMISES LIABILITY

• Court of Appeal Applies Heightened Forseeability Requirement to Find No Duty to Prevent Third-Party Criminal Attack [Hanouchian v. Steele] (June 26, 2020)
• Court of Appeal Holds Music Concert Organizer Owes Duty to Protect Concert Attendees [Dix v. Live Nation Entertainment, Inc.] (October 27, 2020)
• Court of Appeal Holds Private Property Owners Do Not Have a Duty to Maintain Public Areas Providing Access to Their Property [Lopez v. City of Los Angeles] (October 7, 2020)

PRIVETTE DOCTRINE

• California Court of Appeal Holds Failure to Instruct Jury on Privette Doctrine is Prejudicial Error [Alaniz v. Sun Pacific Shippers, L.P.] (May 11, 2020)
• Court of Appeal Limits Scope of Retained Control Exception to Privette Doctrine [Horne v. Ahern Rentals, Inc.] (June 11, 2020)

PRODUCTS LIABILITY

• Court of Appeal Holds Amazon Strictly Liable for Third-Party Seller's Defective Product [Bolger v. Amazon.com, LLC] (August 20, 2020)
• Court of Appeal Holds California's Right to Repair Act Does Not Encompass Strict Liability/Breach of Implied Warranty Claims Against Manufacturers [State Farm General Insurance Company v. Oetiker, Inc.] (December 24, 2020)
• Online Retailer Liability: Amazon.com in the Spotlight (December 23, 2020)

TRADE SECRETS

• Court of Appeal Applies California's Policy Favoring Free Employee Mobility to Reject Trade Secrets Claim [Hooked Media Group Inc. v. Apple Inc.] (October 22, 2020)
• Court of Appeal Holds That Trade Secrets Can Arise from Standard Methods and Must Be Timely Identified [Coast Hematology-Oncology v. Long Beach Memorial Medical Center] (December 21, 2020)

TRESPASS

• Court of Appeal Holds Statute Governing Injury to Trees Requires That an Intentional Trespass Must Cause the Damage [Russell v. Man] (December 16, 2020)

UNFAIR COMPETITION

• Expanded Ebulletin Analysis: California Supreme Court Extends Authority of District Attorneys to Enforce Unfair Competition Law [Abbott Laboratories v Superior Court] (July 24, 2020)

VICARIOUS LIABILITY

• Court of Appeal Applies Going and Coming Rule and Holds Hospital Not Liable for Negligence of Volunteer [Savaikie v. Kaiser Foundation Hospitals] (July 21, 2020)

WAGE AND HOUR

• California Supreme Court to Consider Res Judicata Doctrine's Impact on Wage and Hour Class Actions [Grande v. Eisenhower Medical Center] (May 21, 2020)
• California Supreme Court Holds That Time Spent by Employees Undergoing Exit Searches of Bags and Phones is Compensable [Frlekin v. Apple Inc.] (February 14, 2020)