Cases of Interest

Doctrine of primary assumption of the risk barred liability for injuries caused by a negligent surfer to a fellow surfer.

Because evidence established that utility company’s metal plate cover over a sidewalk did not pose a substantial risk of injury, trivial defect doctrine barred injured pedestrian’s lawsuit.

Where a statute is more specific than the litigation privilege it applies to the litigation privilege must give way to applicable exceptions. Carving out an exception to the litigation privilege would not be proper if the Legislature’s proscribed remedies remain viable.

Under the Lanterman Developmental Disabilities Services Act, regional centers have no duty to protect the employees of a residential facility from a developmentally disabled person. The regional center’s duty is to provide services and support to the developmentally disabled person, not to protect third-party employees at a residential facility.

A trial court may consider an attorney’s pervasive incivility in determining the reasonableness of the requested fees, and may apply, in its discretion, a positive or negative multiplier to adjust the lodestar calculation