California Case Summaries: December 17, 2018 to December 28, 2018


Happy New Year!

California Case Summaries™:
In the video above I discuss my three new California civil cases published during the last two weeks. These summaries are also shown below. Be aware that there were 19 more published civil and family law cases during this period!

I’ll bring you three new free civil case summaries in two weeks.

My online publication California Case Summaries™ is the fast affordable way that California lawyers, judges, mediators and arbitrators use to keep up with new California civil and family law case law. I offer biweekly, quarterly and annual subscription options that provide short, organized summaries of every new civil and family law case published by California courts. The quarterly and annual issues also include the official case citations. Each subscription option includes both single-attorney and multi-user law firm/superior court options. For more information about these products or to subscribe, click here.  

Mediation, Arbitration and Referee Services:
Please contact me at ADR Services when you need an experienced and capable mediator, arbitrator or referee who knows the law. To schedule a matter with me, please contact my case manager at ADR Services, Christopher Schuster, phone (619) 233-1323, email

Do well and be well™.

Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator and Referee at ADR Services, Inc.
Publisher of California Case Summaries™



The Fast Affordable Way to Know New CA Case Law™
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California Case Summaries

Dr. Leevil, LLC v. Westlake Health Care Center (2018) _ Cal.5th _ , 2018 WL 6597341: The California Supreme Court reversed the judgment of the Court of Appeal. The Supreme Court ruled that an owner of real property that acquires title to property under a power of sale contained in a deed of trust must perfect title by recording the trustee deed before serving a three-day written notice to quit required by Code of Civil Procedure section 1161a(b). (December 17, 2018.)
Cox v. Bonni (2018) _ Cal.App.5th _ , 2018 WL 6598930: The Court of Appeal affirmed the trial court’s ruling granting a motion for reconsideration and confirming a judgment for defendant following an arbitration of a claim for medical malpractice where plaintiff alleged that defendant negligently performed a hysterectomy. Although the neutral arbitrator did not provide his disclosures regarding new defense counsel within the time required by statute, plaintiff forfeited her challenge by not objecting to the disclosures until ten months later when the arbitration award was issued. The trial court erred when it initially vacated the judgment based upon the arbitration award due to the neutral arbitrator’s untimely disclosures. It correctly granted reconsideration and affirmed the judgment because plaintiff’s objection to the late disclosure was untimely. (C.A. 2nd, December 17, 2018.)
Moreno v. Visser Ranch, Inc. (2018) _ Cal.App.5th _ , 2018 WL 6696021: The Court of Appeal reversed the trial court’s order granting summary judgment in favor of two corporation defendants in a personal injury action. Plaintiff was injured while a passenger in a pickup truck involved in a single vehicle, rollover accident. He sued the driver (his father), the corporation that employed the driver, and an affiliated corporation that owned the vehicle. The evidence showed defendants required the driver to be on call 24 hours a day, seven days a week to respond immediately to cell phone calls for repairs and maintenance needed at the ranches, farms and dairies operated by defendants. There was also conflicting evidence about whether the driver was required to use the company-owned vehicle, which contained tools and spare parts, at all times so he could respond quickly to call for repairs at defendants’ various locations. Based on this evidence and other details about the driver’s job, the Court of Appeal ruled that a reasonable trier of fact could find the driver was acting within the scope of his employment when the accident occurred. (C.A. 5th, December 20, 2018.)
Copyright © 2018 Monty A. McIntyre, Esq.
All Rights Reserved                
I hope you enjoyed my three free California case summaries above. However, California courts published 19 more civil and family law cases in the last two weeks! If you want to easily keep up with all the new case law in your practice areas, you’ll want to subscribe today to get all of my case summaries.

When you need an experienced and capable mediator, arbitrator or referee who knows the law, contact Monty McIntyre at ADR Services.
Monty’s Experience:
California Civil Trial Lawyer Since 1980
Member of American Board Advocates Since 1995
Over 100 Civil Cases Tried
Representation of Both Plaintiffs and Defendants
Trained Mediator Since 1993
Over 1,000 Cases Mediated
Past President: SDCBA, SD ABOTA Chapter
For scheduling contact Monty’s case manager
at ADR Services, Christopher Schuster:
Phone (619) 233-1323

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