New CA Tort Case
California Case Summaries™
Know the New Cases to Win Your Cases
Every year California courts publish over 500 new civil cases, and many of them significantly change California law. California civil attorneys need to know the new case law!
The bad news - it's hard to keep up because of the number of new cases, many cases are 50-100 pages long, and because California courts also publish new cases in the areas of criminal law, juvenile law and family law.
The good news - there's now a quick, easy way to always know the new civil case law in your practice areas: California Case Summaries™. I prepare one-paragraph summaries, that can be read in 2 minutes and are organized by legal topic, so California lawyers always know the new case law to work up their active cases better, get bigger settlements, and win more summary judgments and trials to make more money. For less than 1 billable hour per month, you'll always know the new case law to get a competitive advantage over your opponents.
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Free Sample Case Summary
Can a Relative Who Hears a Car Crash on the Phone Recover Emotional Distress Damages?
Can a mother who was talking on the phone with her daughter when her daughter was injured in a car crash recover emotional distress damages? Last month, the Fourth District Court of Appeal addressed this issue.
New CA Torts Decision
Downey v. City of Riverside (2023) _ Cal.App.5th _ , 2023 WL 3087500: The Court of Appeal reversed the trial court’s orders sustaining defendants’ demurrers to plaintiff’s cause of action for negligent infliction of emotional distress arising from an auto accident where her daughter was injured. Plaintiff alleged the accident occurred due to defendant city creating or allowing a dangerous condition to exist, and alleged that a homeowner defendant maintained vegetation and trees on their property so as to cause an unsafe obstruction to the view of vehicular traffic. Plaintiff was not with her daughter at the time of the accident, but she was talking to her daughter on the phone. The trial court sustained the demurrers, concluding that plaintiff’s allegations were insufficient to show that plaintiff had a contemporaneous awareness of the injury-producing event—not just the harm her daughter suffered, but also the causal connection between defendants’ tortious conduct and the injuries Vance suffered. The Court of Appeal disagreed because, during oral argument, plaintiff argued she could allege additional facts regarding her familiarity with and knowledge and awareness of the intersection and the dangerous conditions created by the two defendants. As a result, the Court of Appeal concluded that plaintiff should be given an opportunity to allege facts establishing she had the requisite contemporaneous sensory awareness of the causal connection between the negligent conduct and the resulting injury. (C.A. 4th, April 26, 2023.)
Mediation, Arbitration & Referee Services
I help attorneys and their clients settle cases as a mediator, fairly decide cases as an arbitrator, and fairly decide issues as a referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance (bad faith, coverage, UIM) probate (trusts and estates), real property, and torts (elder abuse, medical malpractice, personal injury, product liability and wrongful death). As a Zoom expert, I conduct Zoom and in-person hearings throughout California. To schedule a matter, please contact my case managers at ADR Services, Inc., Haward Cho, (213) 683-1600,
[email protected] or Rachael Boughan, (619) 233-1323, [email protected].
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Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
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