California Causes of Action
REVISION 18 HIGHLIGHTS

This edition of California Causes of Action includes new and updated case law and text throughout the book and 9 new sample complaints. The highlights include:

CHAPTER 1 NEGLIGENCE

Elder and Dependent Adult Abuse

  • Distinguishing and defining physical elder abuse and financial elder abuse
  • Proof required to establish “recklessness,” “oppression”, “fraud,” and “malice”
  • Pleading a causal link between the neglect and the injury, so as to recover enhanced damages

CHAPTER 2 EMOTIONAL DISTRESS

  • Establishing a breach of duty owed to direct victim
  • Viability of a claim for negligent infliction of emotional distress claims by plaintiffs who witness acts of medical negligence

CHAPTER 12 DEFAMATION AND PRIVACY

Libel

  • Plaintiff’s burden of proving actual malice when plaintiff is a public figure
  • Establishing a level of public activity that elevates a person to public figure status

Intrusion [Invasion of Privacy]

  • Establishing a cause of action pursuant to Civil Code §1708.85
  • Court’s obligation toward the plaintiff to keep the matter confidential in a Civil Code §1708.85 case

CHAPTER 13 INSURANCE

  • Types of claims that can and cannot be assigned
  • Enforceability of an “escape clause” between two primary insurers

CHAPTER 19 WRONGFUL DEATH/SURVIVAL ACTIONS

  • Viability of claims involving a putative spouse, children of putative spouse, stepchildren or parents

9 NEW SAMPLE COMPLAINTS

  • Legal Malpractice
  • Negligent Infliction of Emotional Distress – Bystander
  • Age Discrimination
  • Breach of Contract; Negligent Interference with Prospective Economic Advantage; Violation of Business and Professions Code §17200; Unjust Enrichment
  • Wrongful Termination in Violation of Public Policy – National Origin Harassment
  • Civil Rights Violations and Monell Claim
  • Negligence – Personal Injuries
  • Negligent Infliction of Emotional Distress – Direct Victim
  • Wrongful Termination in Violation of Public Policy – Retaliation; Harassment and Related Causes of Action
  • Wrongful Death
1122264885
California Causes of Action
REVISION 18 HIGHLIGHTS

This edition of California Causes of Action includes new and updated case law and text throughout the book and 9 new sample complaints. The highlights include:

CHAPTER 1 NEGLIGENCE

Elder and Dependent Adult Abuse

  • Distinguishing and defining physical elder abuse and financial elder abuse
  • Proof required to establish “recklessness,” “oppression”, “fraud,” and “malice”
  • Pleading a causal link between the neglect and the injury, so as to recover enhanced damages

CHAPTER 2 EMOTIONAL DISTRESS

  • Establishing a breach of duty owed to direct victim
  • Viability of a claim for negligent infliction of emotional distress claims by plaintiffs who witness acts of medical negligence

CHAPTER 12 DEFAMATION AND PRIVACY

Libel

  • Plaintiff’s burden of proving actual malice when plaintiff is a public figure
  • Establishing a level of public activity that elevates a person to public figure status

Intrusion [Invasion of Privacy]

  • Establishing a cause of action pursuant to Civil Code §1708.85
  • Court’s obligation toward the plaintiff to keep the matter confidential in a Civil Code §1708.85 case

CHAPTER 13 INSURANCE

  • Types of claims that can and cannot be assigned
  • Enforceability of an “escape clause” between two primary insurers

CHAPTER 19 WRONGFUL DEATH/SURVIVAL ACTIONS

  • Viability of claims involving a putative spouse, children of putative spouse, stepchildren or parents

9 NEW SAMPLE COMPLAINTS

  • Legal Malpractice
  • Negligent Infliction of Emotional Distress – Bystander
  • Age Discrimination
  • Breach of Contract; Negligent Interference with Prospective Economic Advantage; Violation of Business and Professions Code §17200; Unjust Enrichment
  • Wrongful Termination in Violation of Public Policy – National Origin Harassment
  • Civil Rights Violations and Monell Claim
  • Negligence – Personal Injuries
  • Negligent Infliction of Emotional Distress – Direct Victim
  • Wrongful Termination in Violation of Public Policy – Retaliation; Harassment and Related Causes of Action
  • Wrongful Death
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California Causes of Action

California Causes of Action

California Causes of Action

California Causes of Action

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Overview

REVISION 18 HIGHLIGHTS

This edition of California Causes of Action includes new and updated case law and text throughout the book and 9 new sample complaints. The highlights include:

CHAPTER 1 NEGLIGENCE

Elder and Dependent Adult Abuse

  • Distinguishing and defining physical elder abuse and financial elder abuse
  • Proof required to establish “recklessness,” “oppression”, “fraud,” and “malice”
  • Pleading a causal link between the neglect and the injury, so as to recover enhanced damages

CHAPTER 2 EMOTIONAL DISTRESS

  • Establishing a breach of duty owed to direct victim
  • Viability of a claim for negligent infliction of emotional distress claims by plaintiffs who witness acts of medical negligence

CHAPTER 12 DEFAMATION AND PRIVACY

Libel

  • Plaintiff’s burden of proving actual malice when plaintiff is a public figure
  • Establishing a level of public activity that elevates a person to public figure status

Intrusion [Invasion of Privacy]

  • Establishing a cause of action pursuant to Civil Code §1708.85
  • Court’s obligation toward the plaintiff to keep the matter confidential in a Civil Code §1708.85 case

CHAPTER 13 INSURANCE

  • Types of claims that can and cannot be assigned
  • Enforceability of an “escape clause” between two primary insurers

CHAPTER 19 WRONGFUL DEATH/SURVIVAL ACTIONS

  • Viability of claims involving a putative spouse, children of putative spouse, stepchildren or parents

9 NEW SAMPLE COMPLAINTS

  • Legal Malpractice
  • Negligent Infliction of Emotional Distress – Bystander
  • Age Discrimination
  • Breach of Contract; Negligent Interference with Prospective Economic Advantage; Violation of Business and Professions Code §17200; Unjust Enrichment
  • Wrongful Termination in Violation of Public Policy – National Origin Harassment
  • Civil Rights Violations and Monell Claim
  • Negligence – Personal Injuries
  • Negligent Infliction of Emotional Distress – Direct Victim
  • Wrongful Termination in Violation of Public Policy – Retaliation; Harassment and Related Causes of Action
  • Wrongful Death

Product Details

ISBN-13: 9781945421532
Publisher: LexisNexis
Publication date: 10/20/2017
Sold by: Barnes & Noble
Format: eBook
File size: 2 MB

About the Author

Stanton “Terry” Mathews is the principal in the trial law specialty firm, Stanton T. Mathews & Associates, located in Orange County, California. The firm focuses its expertise on the prosecution of civil wrongdoers, individual, corporate and governmental, whose conduct causes personal injury and economic loss. Practicing law for more than 30 years, Mr. Mathews is an AV-rated trial lawyer, and a member of the American Board of Trial Advocates, an invitation-only national association of experienced trial lawyers and judges. He is a selected member of the Bar Register of Preeminent Lawyers in America, and his jury verdicts seat him with the Multi-Million Dollar Advocates Forum. Mr. Mathews is a well-known lecturer on trial practice in all of its phases, lecturing for more than 20 years to the Orange County Bar Association, among others. He is a member of such trial organizations as the American Association for Justice, Consumer Attorneys of California, the Orange County Trial Lawyers Association, and the Western Trial Lawyers Association. You can learn more at www.mathewsfirm.com.

Table of Contents

  • Chapter 1 Negligence
  • Chapter 2 Emotional Distress
  • Chapter 3 Physical Torts
  • Chapter 4 Procedural Torts
  • Chapter 5 Fraud and Negligent Misrepresentation
  • Chapter 6 Products Liability and Commercial Sales
  • Chapter 7 Debtor/Creditor: Fraudulent Transfers
  • Chapter 8 Business Torts and Actions
  • Chapter 9 Real Property Torts
  • Chapter 10 Real Estate Broker, Escrow Agent and Notary Liability
  • Chapter 11 Contract Actions
  • Chapter 12 Defamation and Privacy
  • Chapter 13 Insurance
  • Chapter 14 Employment
  • Chapter 15 Intellectual Property
  • Chapter 16 Animal Torts
  • Chapter 17 Industrial Injury/Third Party Cases
  • Chapter 18 Governmental Tort Liability
  • Chapter 19 Wrongful Death/Survival Actions
  • Chapter 20 Family Law
  • Chapter 21 Defenses
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