11 Cited authorities

  1. Jones v. Ortho Pharmaceutical Corp.

    163 Cal.App.3d 396 (Cal. Ct. App. 1985)   Cited 251 times   3 Legal Analyses
    Affirming nonsuit where plaintiff's expert could not testify to a greater than "50-50 chance" that defendant's product contributed to development of disease
  2. Summers v. Mcclanahan

    140 Cal.App.4th 403 (Cal. Ct. App. 2006)   Cited 74 times
    Holding that a personal manager was not a close enough relationship to ensure actual notice of service due to lack of evidence that they were in constant communication
  3. J.A. Jones Construction Co. v. Superior Court

    27 Cal.App.4th 1568 (Cal. Ct. App. 1994)   Cited 47 times
    In J.A. Jones Construction Co. v. Superior Court (1994) 27 Cal.App.4th 1568, 1571, this court held that a "clear statement" of legislative intent was required to overcome a previous court decision construing an ambiguous statute - and in the absence of such a clear statement, the judicial construction remained viable.
  4. Lebel v. Mai

    210 Cal.App.4th 1154 (Cal. Ct. App. 2012)   Cited 20 times
    Noting plaintiff tenant failed to exercise reasonable diligence in ascertaining a foreign landlord's address for purposes of the Hague Convention when plaintiff knew landlord lived in London, England and when defendant had provided plaintiff both his email address and telephone number where he could be reached in connection with the tenancy
  5. Bricker v. Superior Court

    133 Cal.App.4th 634 (Cal. Ct. App. 2005)   Cited 21 times
    In Bricker v. Superior Court (2005) 133 Cal.App.4th 634, 35 Cal.Rptr.3d 7, "petitioner was not notified prior to the readiness conference that [the court] was considering dismissing her appeals."
  6. Pac. Pioneer Ins. Co. v. Superior Court

    44 Cal.App.5th 890 (Cal. Ct. App. 2020)

    G057326 01-30-2020 PACIFIC PIONEER INSURANCE COMPANY, Petitioner, v. The SUPERIOR COURT OF ORANGE COUNTY, Respondent; Vanessa Gonzalez, Real Party in Interest. Dwayne S. Beck and James W. Colfer, Claremont, for Petitioner. Buchalter and Harry W.R. Chamberlain II, Los Angeles, for Association of Southern California Defense Counsel as Amicus Curiae on behalf of Petitioner. No appearance for Respondent. Shaun Bauman, Los Angeles, and Thanos Simoudis, for Real Party in Interest. BEDSWORTH, ACTING P.

  7. Simmons v. West Covina Medical Clinic

    212 Cal.App.3d 696 (Cal. Ct. App. 1989)   Cited 25 times
    In Simmons, it was undisputed that a genetic test, which the plaintiffs claimed the defendants neglected to provide, would detect Down's Syndrome in only 20 percent of pregnant at-risk women under the age of 35. (Simmons, supra, 212 Cal.App.3d at pp. 700, 702–703, 260 Cal.Rptr. 772.)
  8. Gin Non Louie v. Chinese Hosp. Ass'n

    249 Cal.App.2d 774 (Cal. Ct. App. 1967)   Cited 15 times   1 Legal Analyses
    In Gin Non Louie v. Chinese Hospital Assn., 249 Cal.App.2d 774, 787, 57 Cal.Rptr. 906 (also involving a fall from a hospital bed), the court stated: "Malpractice is the neglect of a physician or a nurse to apply that degree of skill and learning in treating a patient which is customarily applied in treating and caring for the sick or wounded similarly suffering in the same community.
  9. Simone v. Sabo

    37 Cal.2d 253 (Cal. 1951)   Cited 15 times

    Docket No. L.A. 21854. May 18, 1951. APPEAL from a judgment of the Superior Court of Los Angeles County. Wilbur C. Curtis, Judge. Reversed. Gibson, Dunn Crutcher and Sherman Welpton, Jr., for Appellant. Herbert Manasse, Arthur J. Crowley, Belli, Ashe Pinney, Hirson Horn, Crowley Manasse, and Marion P. Betty for Respondent. EDMONDS, J. A jury awarded Paul Simone damages for the asserted malpractice of Dr. Victor O. Sabo in removing an impacted tooth. The appeal from the judgment entered upon the verdict

  10. Mastro v. Kennedy

    57 Cal.App.2d 499 (Cal. Ct. App. 1943)   Cited 14 times

    Docket No. 3018. March 3, 1943. APPEAL from a judgment of the Superior Court of Fresno County. Frank Lamberson, Judge assigned. Reversed. Rae B. Carter and John D. Chinello for Appellant. Hadsell, Sweet, Ingalls Carroll, W.H. Stammer and Galen McKnight for Respondents. MARKS, J. This is an appeal from a judgment for defendants in a malpractice case, entered after a motion for nonsuit had been granted. Defendants are duly licensed dentists who were practicing in the city of Fresno. Dr. Marquess was

  11. Section 801 - Insurer's report of settlement or arbitration award

    Cal. Bus. & Prof. Code § 801   Cited 10 times
    Requiring the consent of health care professionals for settlement of health care malpractice claims