California Causes of Action
- ISBN-10
- 1945421533
- ISBN-13
- 9781945421532
- Series
- California Causes of Action
- Category
- Law
- Language
- English
- Published
- 2018-03-30
- Publisher
- LexisNexis
- Authors
- Stanton T. Mathews, Kevin Lancaster, Anoush Lancaster
Description
REVISION 18 HIGHLIGHTS This edition of California Causes of Action includes new and updated case law and text throughout the book and 9 new sample complaints. The highlights include: CHAPTER 1 NEGLIGENCE Elder and Dependent Adult Abuse Distinguishing and defining physical elder abuse and financial elder abuse Proof required to establish “recklessness,” “oppression”, “fraud,” and “malice” Pleading a causal link between the neglect and the injury, so as to recover enhanced damages CHAPTER 2 EMOTIONAL DISTRESS Establishing a breach of duty owed to direct victim Viability of a claim for negligent infliction of emotional distress claims by plaintiffs who witness acts of medical negligence CHAPTER 12 DEFAMATION AND PRIVACY Libel Plaintiff’s burden of proving actual malice when plaintiff is a public figure Establishing a level of public activity that elevates a person to public figure status Intrusion [Invasion of Privacy] Establishing a cause of action pursuant to Civil Code §1708.85 Court’s obligation toward the plaintiff to keep the matter confidential in a Civil Code §1708.85 case CHAPTER 13 INSURANCE Types of claims that can and cannot be assigned Enforceability of an “escape clause” between two primary insurers CHAPTER 19 WRONGFUL DEATH/SURVIVAL ACTIONS Viability of claims involving a putative spouse, children of putative spouse, stepchildren or parents 9 NEW SAMPLE COMPLAINTS Legal Malpractice Negligent Infliction of Emotional Distress – Bystander Age Discrimination Breach of Contract; Negligent Interference with Prospective Economic Advantage; Violation of Business and Professions Code §17200; Unjust Enrichment Wrongful Termination in Violation of Public Policy – National Origin Harassment Civil Rights Violations and Monell Claim Negligence – Personal Injuries Negligent Infliction of Emotional Distress – Direct Victim Wrongful Termination in Violation of Public Policy – Retaliation; Harassment and Related Causes of Action Wrongful Death
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