California Causes of Action

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