36th Annual What’s New in Tort & Trial

36th Annual What’s New in Tort & Trial Seminar plus a pre-seminar Ethics CLE plus Fingerprinting Service

A must attend seminar if your practice includes ANY plaintiff or defense civil cases. A comprehensive review of the new 2018 judicial decisions that affect tort liability and civil procedure in year 2019 and beyond.

Presenters: Anne Kepner, Kirsten Fish, Mark Davis and Val McGinty

January 23, 2019

Westin San Jose (formerly the St. Claire)
302 S. Market Street
San Jose, California 95113

4 CLE hours including CLE for Ethics

This is a must attend seminar if your practice includes ANY plaintiff or defense civil cases. A comprehensive review of the new 2017 judicial decisions that affect tort liability and civil procedure in year 2018 and beyond.

  • Tort & Trial Program 6:00 p.m. to 9:20 p.m. 3 CLE Credits (includes .5 Ethics Credit)
  • Light Buffet served starting at 5:00 p.m.
  • Ethics CLE Program 4:00 p.m. to 5:00 p.m.

Pre-Seminar New Rules of Professional Conduct CLE – 1.0 Ethics Credit

Presented by: Alison Buchanan, Hoge Fenton

Mobile Live Scan Fingerprinting Service

The State Bar is requiring attorneys to be fingerprinted by April 30th.  http://www.calbar.ca.gov/Attorneys/Attorney-Regulation/Fingerprinting-Rule-Requirements/For-In-State-Attorneys A mobile Live Scan company will be available starting at 3 pm to provide this service to attorneys for a total cost of $84, which includes all federal and state fees.

Cases of interest include:

1. Regents of University of California v. Superior Court (2018) 4 Cal.5th 607.

Universities have duty to protect students from foreseeable violence during curricular activities.

2. Sakai v. Massco Investments, LLC (2018) 20 Cal.App.5th 1178.

Property owner not liable for third party’s unexpected reckless conduct.

3. Shiver v. Laramee (2018) 24 Cal.App.5th 395.

Sudden emergency doctrine barred freeway driver’s negligence claim.

4. Sandoval v. Qualcomm Inc. (2018) 28 Cal.App.5th 381.

Project owner liable to subcontractor’s employee under retained control exception to Privette.

5. Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC (2018) 25 Cal.App.5th 344.

Ski resort not liable for snowboarder’s catastrophic collision with snow-grooming equipment.

6. Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266.

Tort victim properly permitted to introduce evidence of cost of medical services rendered outside his insurance plan.

7. Williams v. The Pep Boys Manny Moe & Jack of California (2018) 27 Cal.App.5th 225.

Successors-in-interest in a survival action are limited to the economic losses that the decedent sustained or incurred before death and do not include damages that would have been incurred if the decedent survived.  An estate can recover the lost wages, medical expenses, and any other pecuniary losses incurred before death.

8. Ramirez v. City of Gardena (2018) 5 Cal.5th 995.

City’s compliance with statutory requirement for vehicular pursuit policy does not hinge on 100 percent compliance by officers.

9. Kim v. Toyota Motor Corp. (2018) 6 Cal.5th 21.

Evidence of industry custom and practice may be admissible in strict products liability case.

10. Troester v. Starbucks Corp. (2018) 5 Cal.5th 829.

Employee may not regularly be required to work for nontrivial periods of time without compensation.

11. Cochrum v. Costa Victoria Healthcare, LLC (2018) 25 Cal.App.5th 1034.

No recklessness shown in nursing facility’s failure properly to implement patient’s dietary change.

12. Heckart v. A-1 Self Storage, Inc. (2018) 4 Cal.5th 749.

Storage facility’s alternative indemnity agreement not “insurance” subject to regulation under Insurance Code.

13. Hassell v. Bird (2018) 5 Cal.5th 522.

Internet forum was immune from order directing it to remove derogatory statements published by a third party on forum’s website.

14. Facebook, Inc. v. Superior Court (2018) 4 Cal.5th 1245.

Stored Communications Act does not bar social media providers’ disclosure of users’ public posts.

15. Tanguilig v Neiman Marcus Group, Inc. (2018) 22 Cal.App.5th 313.

Tolling available only where circumstances make it “impossible, impracticable, or futile” to bring all claims to trial.

16. Fong v. East West Bank (2018) 19 Cal.App.5th 224.

Authenticity of signature created triable issue of material fact sufficient to defeat motion for summary judgment on claim of conversion.

17. ABM Industries Overtime Cases (2017) 19 Cal.App.5th 277.

Trial court erred in rejecting expert declarations due to expert’s lack of “formal training or degrees.”

CLE certificates will be available immediately after the seminars.
Your registration fee includes a light buffet dinner plus the program syllabus. It does not include the Live Scan Fingerprinting service which is separate and optional.