New CA Torts Case

Uncategorized Dec 27, 2022
 
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December is the time to finish this year strong and prepare your law practice for an outstanding 2023. Knowing and applying the new civil case law in your practice areas will help your law practice thrive in 2023.

To instantly get all of our civil case summaries for 2021, and in early January get all of our 2022 civil case summaries, subscribe in December to California Case Summaries Complete™ (to get all of my publications - monthly, quarterly and annual), or to my annual publication California Case Summaries Annual™, or to one of our Annual Practice Area publications for Employment, Real Property or Torts. This is a great two-for-one deal! My one paragraph summaries, that you can read in 2 minutes, help California lawyers easily keep current with the new case law in their practice areas, work up their cases better, settle their cases better, and try their cases better to win more and make more money.

Below is a sample of one of my new civil case summaries.


School District Duties

Does a school district owe students a duty to protect them from risks of harm including sexual abuse by an employee? Last month, the Fourth District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video and read my case summary below.

New CA Torts Decision  

Roe v. Hesperia Unified School Dist. (2022) _ Cal.App.5th _ , 2022 WL 6902257: The Court of Appeal affirmed in part, and reversed in part, the trial court’s order sustaining defendant’s demurrer, without leave to amend, to plaintiffs’ allegations against defendant school district in their action alleging numerous causes of action arising from the sexual abuse of several minor boys by an employee of defendant school district. The Court of Appeal reversed the trial court as to plaintiffs’ negligence claims. Plaintiffs had a special relationship with defendant school district, so it had a duty to protect them from foreseeable risks of harm, including sexual abuse perpetrated by a district employee. Plaintiffs were not required to plead facts demonstrating that the district had actual knowledge of past sexual abuse by its employee and they otherwise pled sufficient facts to state negligence causes of action against defendant. The trial court also erred in dismissing plaintiffs’ causes of action for negligence per se and violation of the Child Abuse and Neglect Reporting Act (CANRA; Penal Code section 11164 et seq.). Finally, the Court of Appeal affirmed the trial court’s ruling dismissing the sex discrimination claims under Title IX and Education Code section 220. (C.A. 4th, filed October 12, 2022, published November 4, 2022.)


 California Case Summaries™
Publications

California Case Summaries Complete: This publication includes our monthly, quarterly and annual publications with one paragraph summaries that can be read in 2 minutes, organized by legal topic, of every new civil case published each year. You'll save serious money by subscribing to this publication instead of separately subscribing to our monthly, quarterly and annual publications! To subscribe, click here.

California Case Summaries Annual: Published early each January. This publication has our excellent one paragraph summaries, organized by legal topic, of every new civil case published each year, with the official case citations. To subscribe, click here. 

California Case Summaries Annual - Employment™To subscribe, click here. 
California Case Summaries Annual - Real Property™To subscribe, click here. 
California Case Summaries Annual - Torts™To subscribe, click here.
Published early each January with our short civil case summaries, organized by legal topic, of every new civil case published each year in these practice areas, with the official case citations.

California Case Summaries Quarterly™: short summaries, organized by legal topic, of every new civil case published by California courts each quarter, with the official case citations.
To subscribe, click here.

 California Case Summaries Monthly™:  short summaries, organized by legal topic, of every new civil case published by California courts every month. To subscribe, click here. 


Join Our Email List: To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here.


Mediation, Arbitration & Referee Services

I help attorneys and their clients settle cases as a mediator, and decide cases or issues as an arbitrator or referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance bad faith, insurance coverage, legal malpractice, medical malpractice, personal injury, real property and wrongful death. 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] 

 

Stay safe and healthy.


Best regards,
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.
Email: [email protected] 

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