17 Cited authorities

  1. Aguilar v. Atlantic Richfield Co.

    25 Cal.4th 826 (Cal. 2001)   Cited 4,980 times   2 Legal Analyses
    Concluding that the gathering and dissemination of pricing information by the petroleum companies through an independent industry service did not imply collusive action where there was no evidence the information was misused as a basis for an unlawful conspiracy; rather, evidence suggested that individual companies used all available resources “to determine capacity, supply, and pricing decisions which would maximize their own individual profits”
  2. Elsner v. Uveges

    34 Cal.4th 915 (Cal. 2004)   Cited 283 times   7 Legal Analyses
    Finding enrolled bill reports prepared after a bill's passage instructive on matters of legislative intent
  3. Sangster v. Paetkau

    68 Cal.App.4th 151 (Cal. Ct. App. 1998)   Cited 319 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"
  4. Kinsman v. Unocal Corporation

    37 Cal.4th 659 (Cal. 2005)   Cited 250 times   4 Legal Analyses
    In Kinsman, the California Supreme Court imposed a duty on landowners who hire independent contractors to warn invitees “of a latent or concealed pre-existing hazardous condition on [the] property,” which the landowner knew or should have known about.
  5. Privette v. Superior Court

    5 Cal.4th 689 (Cal. 1993)   Cited 326 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.
  6. 24 Hour Fitness, Inc. v. Superior Court

    66 Cal.App.4th 1199 (Cal. Ct. App. 1998)   Cited 223 times   2 Legal Analyses
    Holding the modification provision did not render the contract illusory
  7. Hooker v. Department of Transportation

    27 Cal.4th 198 (Cal. 2002)   Cited 171 times   11 Legal Analyses
    Holding property owner that "retained control over safety conditions at the worksite," and knowingly "permitted" unsafe practice to continue at worksite, not liable for death of independent contractor's employee, where owner "did not direct" employee to engage in unsafe practice
  8. Seabright Ins. Co. v. U.S. Airways, Inc.

    52 Cal.4th 590 (Cal. 2011)   Cited 90 times   6 Legal Analyses
    Holding that "the tort law duty, if any, that a hirer owes under Cal-OSHA and its regulations to the employees of an independent contractor" is delegable
  9. Toland v. Sunland Housing Group, Inc.

    18 Cal.4th 253 (Cal. 1998)   Cited 111 times
    Holding that Privette bars all actions against a an independent contractor's employee against the hirer under the peculiar risk doctrine, provided that employee's injuries are subject to workers' compensation coverage
  10. McKown v. Wal-Mart Stores, Inc.

    27 Cal.4th 219 (Cal. 2002)   Cited 82 times   2 Legal Analyses
    Holding "hirer of an independent contractor" can be held liable where, "by negligently furnishing unsafe equipment to the contractor, [hirer] affirmatively contributes to the injury of an employee of the contractor"
  11. Rule 2.112 - Separate causes of action, counts, and defenses

    Cal. R. 2.112   Cited 57 times

    Each separately stated cause of action, count, or defense must specifically state: (1) Its number (e.g., "first cause of action"); (2) Its nature (e.g., "for fraud"); (3) The party asserting it if more than one party is represented on the pleading (e.g., "by plaintiff Jones"); and (4) The party or parties to whom it is directed (e.g., "against defendant Smith"). Cal. R. Ct. 2.112