California Causes of Action
- ISBN-10
- 1949517152
- ISBN-13
- 9781949517156
- Series
- California Causes of Action
- Category
- Law
- Language
- English
- Published
- 2019-02-22
- Publisher
- LexisNexis
- Authors
- Stanton T. Mathews, Anoush Lancaster
Description
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
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