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:
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- 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 23 HIGHLIGHTS
This edition of California Causes of Action is loaded with new case law to keep you up to date on a broad range of legal topics and practice areas, including:
NEGLIGENCE
Medical Malpractice
- Distinguishing ordinary negligence from medical malpractice
- Scope of physician’s duty
- When damages become evident to trigger statute of limitations
Negligent Entrustment
- Negligent entrustment of a vehicle to an unlicensed driver
- When liability attaches for negligent entrustment of a firearm
Elder/Dependent Adult Financial Abuse
- Standing to bring a claim
- Available damages
- Motor carrier negligence
- California’s “ABC test” not preempted by federal Aviation Administration Authorization Act
EMPLOYMENT
- Disparate treatment—remedy: rate of pay
- Termination based on sexual orientation as a wrongful termination in violation of public policy
GOVERNMENT TORT LIABILITY
- Claims re: COVID-19 restrictions imposed by the state
- Scope of employment limits qualified immunity—police excessive force cases
WRONGFUL DEATH / SURVIVAL ACTIONS
- Immunity for social media platforms under the Communications Decency Act (CDA)
- No right to appeal order releasing a co-defendant from liability when the remaining defendant has possibility of individual liability
LEGAL THEORIES AND DEFENSES
- Anti-SLAPP motions—elements and authorities
- Distinguishing an exercise of First Amendment rights from civil harassment
- Standing in Article III cases for violation of constitutional rights
PRODUCTS LIABILITY AND COMMERCIAL SALES
DEFAMATION AND PRIVACY
INSURANCE-RELATED CAUSES OF ACTION
INTELLECTUAL PROPERTY
INDUSTRIAL INJURY/THIRD-PARTY CASES PRODUCTS LIABILITY AND COMMERCIAL SALES
FactChecker –
It is nice having it all in one volume, plus the cd. This saves me so much time I am amazed.
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R. Hall –
If you ever file or answer a complaint in California, this volume is an essential addition to your library. In a concise yet surprisingly thorough format, this publication sets forth the essential elements of hundreds of California Causes of Action. Defenses to many causes are also offered. Recently the publisher added a “cloud” version of the forms contained in the volume. This resource will save many hours in drafting complaints and demurrers and it is carefully researched with numerous case and statutory cites. This treatise is well organized, easily accessible and is a valuable checklist of Causes that can sometimes be overlooked. I heartily recommend it!
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June Dickson –
This is a great book for pro pers and those practising law (It’s practical)
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