If a party moves for attorney’s fees under Civil Code section 16701, subdivision (i), the party must show the claim was objectively arbitrary or capricious, or subjectively brought in bad faith.
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Dec
Pet owners may have standing as a third-party beneficiaries to enforce a contract between their veterinarian and a pet cremation service for the mishandling of their pet’s remains and, in turn, recover emotional distress damages.
When the child of a landowner invites a person onto the landowner’s property, the child’s invitation acts as an express invitation by the landowner such that the landowner may be liable for the invitee’s injuries.
A music festival operator has a duty to its invitees to protect against the consumption of illegal drugs and provide adequate medical care in the case of a drug overdose.
The primary assumption of risk (“PAR”) doctrine does not bar a plaintiff’s recovery if the imposition of a duty to the plaintiff is similar to a defendant’s existing duty and the extension of that duty would not materially alter the fundamental nature of the activity.