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
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
California Causes of Action
California Causes of Action
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Product Details
ISBN-13: | 9780938065906 |
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Publisher: | LexisNexis |
Publication date: | 04/28/2017 |
Sold by: | Barnes & Noble |
Format: | eBook |
File size: | 2 MB |