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California Causes of Action

Over 125 pre-researched causes of action written by specialists in 19 separate legal fields. Draft better and quicker complaints, cross-complaints, answers or demurrers with up-to-date coverage of areas such as employment, intellectual property, negligence, contracts, real estate and much more.

by Stanton T. Mathews & Anoush Lancaster

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Product Description

No longer will you have to sift through opinion after opinion to find one that recites all the elements of a cause of action. California Causes of Action delivers both the elements and the supporting decisions, plus affirmative defenses, related causes of action, remedies, and statutes of limitations. Many of the causes of action are supported by full-text sample complaints in print and via Digital Access.  This useful resource will help you draft pleadings, conduct discovery, marshal evidence, prepare jury instructions, make and respond to motions, and prepare appellate briefs for over 125 causes of action in 19 practice categories:

  • Negligence
  • Emotional Distress
  • Physical Torts
  • Procedural Torts
  • Fraud and Negligent Misrepresentation
  • Products Liability/Commercial Sales
  • Debtor-Creditor: Fraudulent Transfers
  • Business Torts and Actions
  • Real Property Torts
  • Real Estate Broker
  • Contract Actions
  • Defamation and Privacy
  • Employment
  • Insurance
  • Intellectual Property
  • Animal Torts
  • Construction Torts
  • Governmental Tort Liability
  • Wrongful Death/Survival Actions

California Causes of Action helps you avoid the cost, hassle, and risk of a demurrer by providing clear explanations of each element and annotated case notes—the clear framework will help you draft nearly invincible pleadings. Drafting an answer or a cross complaint is also a breeze. With the detailed affirmative defenses for each cause of action, you’ll never second-guess the strength of your response again. Write with ease and confidence; write with California Causes of Action.  California Causes of Action is not just a drafting tool to help you craft winning pleadings. It is an indispensable litigation tool you can use to ensure you have covered all the bases in your pre-suit investigation; in planning, preparing and responding to discovery; in drafting motions; and in preparing jury instructions.

REVISION 19 HIGHLIGHTS

This edition of California Causes of Action offers new and updated case law and text throughout the book; a new chapter on legal theories and defenses; and four new forms. The new materials cover a broad range of topics, including:

NEGLIGENCE

Medical Negligence

  • Distinguishing and defining physical elder abuse and financial elder abuse
  • Reports of alleged nursing misconduct
  • Application of MICRA to simple negligence that occurs in a hospital setting
  • Duties to third parties—alleged retaliation by hospital staff against a patient
  • Statute of limitations—successive notices of intent to sue

Premises Liability

  • Duty to invitee for injuries resulting from crossing public street onto property
  • Duty to warn of obvious dangers (empty swimming pool)
  • Owner’s responsibility for injuries occurring during recreational use

Elder and Dependent Adult Abuse

  • Financial abuse as elder abuse
  • Powers of attorney and arbitration agreements

PRODUCTS LIABILITY AND COMMERCIAL SALES

  • Proof of manufacturing/design defect sufficient to survive summary judgment
  • Scope of manufacturer’s duty to warn

GOVERNMENTAL TORT LIABILITY

  • When the filing of a claim is not required
  • Time within which a claim may be filed—delayed discovery
  • Public entity liability—dangerous condition of property; acts/omissions of employees

NEW CHAPTER 21: LEGAL THEORIES & DEFENSES

The former chapter on defenses has been expanded and thoroughly updated and revised to cover 63 legal theories and defenses, from accord and satisfaction to the workers’ compensation exclusive remedy doctrine. The chapter includes:

  • A summary list of legal theories and defenses, in alphabetical order
  • A summary of the legal requirements for pleading an affirmative defense, with form language
  • An expanded discussion of each of the 63 theories and defenses covered, including a definition, supporting authorities, related matters and form language.

NEW FORMS

  • Complaint: Dental Malpractice (child)
  • Complaint: Trespass, Conversion, Negligent Tree Trimming
  • Complaint: Strict Products Liability, Negligence and related causes of action
  • Motion for Preferential Trial Setting: Points & Authorities; Declaration; Proposed Order

– Revision 17
– Access to digital forms via an emailed zip file
– ISBN: 978-0-938065-90-6

Chapter 1: Negligence
Chapter 2: Emotional Distress
Chapter 3: Physical Torts
Chapter 4: Procedural Torts
Chapter 5: Fraud and Negligent Misrepresentation
Chapter 6: Products Liability and Commercial Sales
Chapter 7: Debtor/Creditor: Fraudulent Transfers
Chapter 8: Business Torts and Actions
Chapter 9: Real Property Torts
Chapter 10: Real Estate Broker, Escrow Agent and Notary Liability
Chapter 11: Contract Actions
Chapter 12: Defamation and Privacy
Chapter 13: Insurance
Chapter 14: Employment
Chapter 15: Intellectual Property
Chapter 16: Animal Torts
Chapter 17: Industrial Injury/Third Party Cases
Chapter 18: Governmental Tort Liability
Chapter 19: Wrongful Death/Survival Action
Chapter 20: Family Law
Chapter 21: Defenses
Appendix A
Table of Cases
Index

Stanton T. Mathews, ESQ.

Stanton “Terry” Mathews is the principal in the trial law specialty firm, Stanton T. Mathews & Associates, located in Orange County, California. The firm focuses its expertise on the prosecution of civil wrongdoers, individual, corporate and governmental, whose conduct causes personal injury and economic loss. Practicing law for more than 30 years, Mr. Mathews is an AV-rated trial lawyer, and a member of the American Board of Trial Advocates, an invitation-only national association of experienced trial lawyers and judges. He is a selected member of the Bar Register of Preeminent Lawyers in America, and his jury verdicts seat him with the Multi-Million Dollar Advocates Forum.

Mr. Mathews is a well-known lecturer on trial practice in all of its phases, lecturing for more than 20 years to the Orange County Bar Association, among others. He is a member of such trial organizations as the American Association for Justice, Consumer Attorneys of California, the Orange County Trial Lawyers Association, and the Western Trial Lawyers Association. You can learn more at www.mathewsfirm.com.

Anoush Lancaster, ESQ.

Anoush Lancaster is an attorney at Stebner & Associates in San Francisco, California. She litigates complex catastrophic injury cases involving negligence, wrongful death, products liability, elder abuse, mishandling of remains, industrial accidents and exceptions to the workers’ compensation exclusive remedy doctrine.

Ms. Lancaster is a member of San Francisco Trial Lawyers Association, Alameda Contra Costa Trial Lawyers, Consumer Attorneys of California, California Advocates for Nursing Home Reform, and American Association of Justice. She currently serves on the Board of Governors for Consumer Attorneys of California and is the president of Consumer Attorneys of California’s Women’s Caucus.

Anoush has been selected annually by her peers as a SuperLawyer and one of Northern California’s top women attorneys since 2015. She is a faculty member of the Tort and Trial series, which reviews all California and U.S. Supreme Court and appellate cases bearing on tort and trial practice. Ms. Lancaster’s articles appear in various legal publications and she is a frequent lecturer on a variety of topics. She was a finalist for San Francisco Trial Lawyers Association’s 2013 and 2014 Trial Lawyer of the Year and Consumer Attorneys of California’s 2015 Trial Lawyer of the Year. She has co-tried cases in Solano, Monterey, Sacramento, and Fresno counties to succesful plaintiffs’ verdicts. Her Fresno case is the largest wrongful death verdict in Fresno county in the last decade.

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