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 20 HIGHLIGHTS
California Causes of Action will help you work more efficiently and effectively in all phases of pleading your case, whether you are drafting a complaint, answer or demurrer, or bringing or responding to a motion that will shape and define the parameters of the case. The 2019 edition is loaded with new case law to keep you up to date on a broad range legal topics, including:
NEGLIGENCE
- Assumption of risk
- Duty of property owner for conduct of third-party
- Duty of motor carrier – “suffer or permit to work” standard in distinguishing employee from independent contractor
MALICIOUS PROSECUTION
- What constitutes a “prior action” brought without probable cause and with malicious intent?
- What constitutes “malice”
- Abuse of process – obtaining arrest warrant by false evidence
FRAUD AND NEGLIGENT MISREPRESENTATION
- Damages for reputational injury in fraud case
- Negligent misrepresentation – statute of limitations: time of discovery; inquiry notice
REAL PROPERTY TORTS
- Slander of title – elements
- Public nuisance – what constitutes a “substantial and unreasonable interference”?
- Standing to bring a claim for public nuisance
EMPLOYMENT
- Standing to bring a FEHA failure to hire claim
- Disability accommodations required for probationary employees
- Conduct that does (or does not) give rise to a constructive discharge
INTELLECTUAL PROPERTY
- Dilution of trademarks, service marks and trade names — dilution of distinctive quality
- Palming off – simulation and imitation of goods
- Trade name infringement – secondary meaning; confusingly similar; likelihood of public confusion
GOVERNMENTAL TORT LIABILITY
- Time within which claim must be filed, and when statute is tolled
- Affirmative defenses – discretionary immunity; reasonable action
- Public entity liability: acts and omissions of employees — scope of employment; vicarious liability
WRONGFUL DEATH / SURVIVAL ACTIONS
- Successor in interest – minor’s standing to sue
- Damages available to successor in interest in survival action
NEW FORM
- Complaint: Harassment, Negligent Supervision, Retaliatory Termination, Wrongful Termination in Violation of Public Policy
