26 Cited authorities

  1. Sangster v. Paetkau

    68 Cal.App.4th 151 (Cal. Ct. App. 1998)   Cited 314 times
    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"
  2. Privette v. Superior Court

    5 Cal.4th 689 (Cal. 1993)   Cited 316 times   19 Legal Analyses
    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.
  3. Kowalski v. Shell Oil Co.

    23 Cal.3d 168 (Cal. 1979)   Cited 106 times   1 Legal Analyses
    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
  4. Doe v. Salesian Society

    159 Cal.App.4th 474 (Cal. Ct. App. 2008)   Cited 28 times
    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"
  5. McCarthy v. CB Richard Ellis, Inc.

    174 Cal.App.4th 106 (Cal. Ct. App. 2009)   Cited 23 times
    Disapproving of parties' stipulated judgment intended to create appellate review without compliance with mandatory requirements of summary judgment
  6. Marsh v. Tilley Steel Co.

    26 Cal.3d 486 (Cal. 1980)   Cited 63 times
    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"
  7. Brannan v. Lathrop Construction Associates, Inc.

    206 Cal.App.4th 1170 (Cal. Ct. App. 2012)   Cited 12 times   1 Legal Analyses
    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
  8. Santa Cruz Poultry, Inc. v. Superior Court

    194 Cal.App.3d 575 (Cal. Ct. App. 1987)   Cited 32 times
    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
  9. Ahrens v. Superior Court

    197 Cal.App.3d 1134 (Cal. Ct. App. 1988)   Cited 26 times
    Stating "equivocal" evidence insufficient to create a triable issue of material fact
  10. McFarland v. Voorheis-Trindle Co.

    52 Cal.2d 698 (Cal. 1959)   Cited 67 times
    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.
  11. Section 402 - Disputed preliminary facts; presence of jury

    Cal. Evid. Code § 402   Cited 3,661 times
    Providing a procedure to determine "the question of the admissibility of evidence out of the presence or hearing of the jury"
  12. Section 1200 - Hearsay rule

    Cal. Evid. Code § 1200   Cited 2,179 times
    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
  13. Section 3600 - Generally

    Cal. Lab. Code § 3600   Cited 873 times   6 Legal Analyses
    Noting that liability for compensation under California's Workers’ Compensation Act is "in lieu of any other liability whatsoever to any person "
  14. Section 702 - Personal knowledge required

    Cal. Evid. Code § 702   Cited 558 times
    Qualifying as an expert witness
  15. Section 403 - Conditional admittance of proffered evidence

    Cal. Evid. Code § 403   Cited 556 times
    Speaking of burden of production as well as burden of proof
  16. Section 310 - Duties of court

    Cal. Evid. Code § 310   Cited 118 times
    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."
  17. Rule 3.1350 - Motion for summary judgment or summary adjudication

    Cal. R. 3.1350   Cited 226 times

    (a) Definitions As used in this rule, (1) "Motion" refers to either a motion for summary judgment or a motion for summary adjudication. (2) "Material facts" are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion. (Subd (a) amended effective January 1, 2016.) (b) Motion for summary adjudication If made in the alternative, a motion for summary adjudication

  18. Rule 3.1352 - Objections to evidence

    Cal. R. 3.1352   Cited 36 times

    A party desiring to make objections to evidence in the papers on a motion for summary judgment must either: (1) Submit objections in writing under rule 3.1354; or (2) Make arrangements for a court reporter to be present at the hearing. Cal. R. Ct. 3.1352 Rule 3.1352 amended and renumbered effective 1/1/2007; adopted as rule 343 effective 1/1/1984; previously amended effective 1/1/2002.