Civil: Premises Liability
“Premises liability is a form of negligence. The familiar elements of a negligence claim—duty, breach, causation and…
Civil: Promissory Estoppel
“The doctrine of promissory estoppel is an equitable remedy: ‘A promise which the promisor should…
Civil: Bad Faith Breach of Insurance Contract
“Every contract contains an implied covenant of good faith and fair dealing that neither party…
Civil: Breach of Contract- Third Party Beneficiary
“Where one party contracts with another to do an act for the benefit of a…
Civil: Breach of Contract
“‘The essential elements of a claim of breach of contract, whether express or implied, are…
Civil: Strict Liability for Ultrahazardous Activities
“As a matter of public policy, strict liability may be imposed upon defendants who cause…
Civil: Strict Liability for Wild or Dangerous Animals
“California follows the common law rule that a person who keeps a wild animal or…
Civil: Strict Liability for Dog Bites
“Civ.C. sec. 3342[a], California’s “dog bite” statute, imposes a duty of care on every dog…
Civil: Medical Malpractice
“A claim for medical malpractice is a claim for professional negligence, and includes ‘a negligent…
Civil: Negligence
“Negligence is either failing to do something a reasonably prudent person would have done or…