Sangster v. Paetkau

Analyzing the probable cause of a lay person without drawing any distinction, noting "A litigant will lack probable cause for his action either if he relies upon facts which he has no reasonable cause to believe to be true, or if he seeks recovery upon a legal theory which is untenable under the facts known to him"

Privette v. Superior Court

In Privette, the California Supreme Court provided a thorough analysis of the intersection of workers' compensation and the peculiar risk doctrine, an exception to the general rule of nonliability for a landowner who hires an independent contractor to perform inherently dangerous work as recognized in Sections 413, 416, and 427 of the Restatement (Second) of Torts. Privette, 854 P.2d at 691, 693; see also Thompson, 979 P.2d at 329.

Kowalski v. Shell Oil Co.

Holding that the ability of a special employer to remove an employee “does not necessarily indicate the existence of a special employment relationship,” but upholding the concept of duel/lent employment

Doe v. Salesian Society

Affirming summary judgment for religious branch of Catholic Church under statute of limitations applicable to victims of childhood sexual assault because plaintiff failed to introduce evidence Church was on notice of priest's sexual misconduct; "speculation . . . is grounds for granting summary judgment"

McCarthy v. CB Richard Ellis, Inc.

Disapproving of parties' stipulated judgment intended to create appellate review without compliance with mandatory requirements of summary judgment

Marsh v. Tilley Steel Co.

Finding defendant would remain liable for job-related negligence where employee was a "skilled operator" with "less than a day to complete tasks of mutual interest" and the employee "retained unlimited discretion to operate the crane as he deemed necessary"

Brannan v. Lathrop Construction Associates, Inc.

Finding that general contractor's act of scheduling, permitting the scaffold in question to remain on the jobsite, and permitting masonry work to continue despite the rain did not constitute affirmative contribution

Santa Cruz Poultry, Inc. v. Superior Court

Holding that the worker made a contract of hire with the employer, because the employer's control over worker's job performance implies, as a matter of law, the employment relationship between them

Ahrens v. Superior Court

Stating "equivocal" evidence insufficient to create a triable issue of material fact

McFarland v. Voorheis-Trindle Co.

In McFarland, this court concluded that the jury's finding of no special employment was supported by substantial evidence that the defendant had not exercised any control over the details of the plaintiff's work and thus that the trial court had erred in granting the judgment notwithstanding the verdict.

Section 402 - Disputed preliminary facts; presence of jury

Providing a procedure to determine "the question of the admissibility of evidence out of the presence or hearing of the jury"

Section 1200 - Hearsay rule

Prohibiting the introduction of "a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated" subject to certain exceptions

Section 3600 - Generally

Noting that liability for compensation under California's Workers’ Compensation Act is "in lieu of any other liability whatsoever to any person "

Section 403 - Conditional admittance of proffered evidence

Speaking of burden of production as well as burden of proof

Section 702 - Personal knowledge required

Qualifying as an expert witness

Section 310 - Duties of court

Referring to admissibility of evidence as a rule of evidence: "All questions of law (including but not limited to questions concerning the construction of statutes and other writings, the admissibility of evidence, and other rules of evidence) are to be decided by the court."

Rule 3.1350 - Motion for summary judgment or summary adjudication

Rule 3.1352 - Objections to evidence