Cases of Interest

Inadmissible evidence could not create a triable issue of material fact at summary judgement stage, so plaintiff failed to show City had constructive knowledge of dangerous condition on its property.

Section 128.7 sanctions motion was defective for failing to specify a hearing date due to CRS limitations on reserving dates within the 21-day safe harbor period.

The trial court ruled that there was no dispute that Dr. Doremus was commuting to work when she turned into a parking lot for a personal errand and therefore the going and coming rule clearly applied and no exception was met.

The Court of Appeal held that Avon waived its Kelly/Frye challenge entirely and that the trial court did not abuse its discretion in admitting Dr. Longo’s testimony under the Sargon reliability standard.

A hirer of an independent contractor may be liable to an innocent bystander for injuries caused by the contractor’s negligence simply by retaining control over the contractor’s work, if the hirer’s exercise of its retained control was a substantial factor in causing the bystander’s injury.