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Pincus Bi-Annual Torts Law Review (CA and Federal) – 2022-2 Edition (July – December 2022)(Recorded Package)
Audio program! (check our CLE Programs page for live versions)
Available now, our Bi-Annual Torts Law Review covers July through December 2022 and includes CA and 9th Circuit cases, as well as a pending Supreme Court case law update.
Long-time Law Professor Pat Cain has been reviewing Torts cases for us for more than a decade and she has carefully selected, reviewed, analyzed and summarized each of the more than 20 cases.
The analysis also includes a discussion about how the newly published case impacts existing case law and statues and the potential impact on your practice and clients as well, as always.
When you listen to this 80 minute program, you will hear a unique and interesting oral narrative that is easy to follow and comprehensive. You can order a download or CD, so you can listen to the updates whenever and wherever you want.
Cases include issues about insurance for Covid losses, communicable disease insurance, recreational use immunity, Unruh discrimination by schools, Privette, martial arts injuries, fraudulent concealment, upstream liability and various forms of damages, as well as other issues (see below for case list).
Pincus Bi-Annual Torts Law Review (CA and Federal) – 2022-2 Edition (July – December 2022) cases analyzed and discussed are listed below.
After the cite for the primary case, you will also see other cases, rules or statutes cited. These are the cases/statutes that are impacted by, or impact, the primary case reviewed in this program. These are also discussed by Professor Cain.
And, as an added bonus, you can claim CA Participatory or Self-Study CLE – general or Certified Legal Specialist CLE in Appellate Law. The latter type of CLE has an expiration date, so see the CLE tab.
01. Introduction
02. Hoffman v. Young (Recreational Use Immunity) 13 Cal.5th 1257 [See Civ. Code 846; Civ. Code 1714; Rowland v. Christian, 69 Ca1.2d 108; Klein v. United States of America (2010) 50 Cal.4th 68]
03. Marina Pacific Hotel and Suites, LLC v. Fireman’s Fund (Insurance for Covid Losses) 81 Cal.App.5th 96 [See Musso & Frank Grill Co., Inc. v. Mitsui Sumitomo Ins. USA Inc., 77 Cal.App.5th 753, F/T 04/22; Inns-by-the-Sea v. California Mutual Ins. Co., 71 Cal.App.5th 688]
04. Another Planet Entertainment, LLC v. Vigilant Insurance Company (Covid Coverage) 56 F.4th 730 (9th Cir. 2022)[See United Talent Agency v. Vigilant Insurance Co., 77 Cal.App.5th 821 (April 2022); Marina Pacific Hotel and Suites, LLC v. Fireman’s Fund, 81 Cal.App.5th 96; John’s Grill, Inc. v. Hartford Financial Services Group, 86 Cal.App.5th 1195; Shusha, Inc. v. Century-National Insurance Co., 2022 WL 18110247; Tarrar Enterprises, Inc. v. Associated Indemnity Corp., 83 Cal.App.5th 685; https://cclt.law.upenn.edu/]
05. Amy’s Kitchen, Inc. v. Fireman’s Fund Insurance Company (Communicable Disease Insurance) 83 Cal.App.5th 1062 [See O’Brien Sales & Mktg., Inc. v. Transp. Ins. Co. (N.D. Cal. 2021) 512 F.Supp.3d 1019; Inns-by-the-Sea v. California Mutual Ins. Co., 71 Cal.App.5th 688]
06. T.L. v. City Ambulance of Eureka, Inc. (Ambulance Accident) 83 Cal.App.5th 864 [See Hernandez v. KWPH Enterprises (2004) 116 Cal.App.4th 170]
07. Brennon B. v. Superior Court of Contra Costa County (Unruh Discrimination by Schools) 13 Cal.5th 662 [See Civ. Code 51(b); O’Connor v. Village Green Owners Assn. (1983) 33 Cal.3d 790; Warfield v. Peninsula Golf & Country Club (1995) 10 Cal.4th 594]
08. Musgrove v Silver (Bora Bora) 82 Cal.App.5th 694 [See Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879; Purton v. Marriott International, Inc. (2013) 218 Cal.App.4th 499]
09. Fajardo v. Dailey (Sidewalk Defect) 85 Cal.App.5th 221 [See Nunez v. City of Redondo Beach (2022) 81 Cal.App.5th 749; Cadam v. Somerset Gardens Townhouse HOA (2011) 200 Cal.App.4th 383]
10. Brown v. Beach House Design & Development (Privette or Not) 85 Cal.App.5th 516 [See Privette v. Superior Court (1993) 5 Cal.4th 689; Hooker v. Department of Transportation (2002) 27 Cal.4th 198; McKown v. Wal-Mart Stores, Inc. (2002) 27 Cal.4th 219]
11. Miller v. Roseville Lodge No. 1293 (Privette Presumption) 83 Cal.App.5th 825 [See Privette v. Superior Court (1993) 5 Cal.4th 689; McKown v. Wal-Mart Stores, Inc. (2002) 27 Cal.4th 219; Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659]
12. Ramirez v. PK I Plaza 580 SC LP (Privette Parameters) 85 Cal.App.5th 252 [See Privette v. Superior Court (1993) 5 Cal.4th 689; Laico v. Chevron U.S.A., Inc. (2004) 123 Cal.App.4th 649]
13. Pereda v. Atos Jiu Jitsu LLC (Jui Jitsu Injury) 85 Cal.App.5th 759 [See (Patterson v. Domino’s Pizza, LLC (2014) 60 Cal.4th 474; Kaplan v. Coldwell Banker Residential Affiliates, Inc. (1997) 59 Cal.App.4th 741]
14. Defries v. Yamaha Motor Corporation, U.S.A. (Upstream Liability) 84 Cal.App.5th 846 [See Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256; Dow v. Holly Mfg. Co. (1958) 49 Cal.2d 720]
15. Dhital v. Nissan North America, Inc. (Fraudulent Concealment/Economic Loss) 84 Cal.App.5th 828 [See Rattagan v. Uber Technologies, Inc., 19 F.4th 1188 (2021); Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979]
16. Enterprise Rent-A-Car of Los Angeles v. Superior Court (Foreign Driver’s License) 84 Cal.App.5th 1 [See CA Vehicle Code sec 14608; Philadelphia Indemnity Ins. Co. v. Montes-Harris (2006) 40 Cal.4th 151]
17. Gormley v. Gonzalez (Liquidated Damages) 84 Cal. App. 5th 72 (CA Civ Code 1671; Greentree Financial Group, Inc. v. Execute Sports, Inc., 163 Cal. App. 4th 495; Vitatech Internat., Inc. v. Sporn, 16 Cal. App. 5th 796]
18. Riley v. Volkswagen Group of America, Inc. (Punitive Damages) 51 F.4th 896 (9th Cir) [See State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408]
19. Valenzuela v. City of Anaheim (Loss of Life Damages) 6 F.4th 1098 (9th Cir.) [See CA civ Code 377.34; Chaudhry v. City of Los Angeles, 751 F.3d 1096 (9th Cir. 2014)]
20. Supreme Court Update [See Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. __, 142 S.Ct. 1906; Adolph v. Uber Technologies, Inc., 2022 WL 1073583; Himes v. Somatics, LLC, (9th Cir) 29 F.4th 1125; Kuciemba v. Victory Woodworks, Inc., 31 F.4th 1268 (9th Cir. 2022)]
21. Conclusion
Comments about our case law updates by Professor Cain, include:
“Best legal updates out there. Brief but thorough and easily understood.”
— Vincent Bartolotta, Esq.
“Faith Pincus has carried on the Finz tradition admirably. Professor Pat Cain, the current “voice” of the monthly CDs case summaries, is knowledgeable, insightful and easy to listen to. I have found her analyses and insights very valuable. As well, it’s the easiest and least expensive 12 hours of MCLE per year, out there!”
— Hon. David W. Long, Judge of the Superior Court (Ret.)
“I am a sole practitioner with a busy litigation practice; the monthly Finz updates are an invaluable resource which enable me to efficiently and effectively stay up to date with newly-decided cases which affect my practice. Also, Finz updates provide a simple way to satisfy MCLE participatory requirements.”
— Mike Wright, Esq.
“I’ve been a subscriber to Finz for the better part of my career as an attorney and I value the content as much now as I ever did. It’s very much worth the cost of subscription and I highly recommend Finz.”
— Steven Zwick, Esq.
See additional testimonials in the Testimonials Tab.
What You Will Learn
Pincus Bi-Annual Torts Review (CA and federal) – 2022 Edition (July – December 2022) cases analyzed and discussed are listed below.
After the cite for the primary case, you will also see other cases, rules or statutes cited. These are the cases/statutes that are impacted by, or impact, the primary case reviewed in this program by Professor Cain and are also discussed.
01. Introduction
02. Hoffman v. Young (Recreational Use Immunity) 13 Cal.5th 1257 [See Civ. Code 846; Civ. Code 1714; Rowland v. Christian, 69 Ca1.2d 108; Klein v. United States of America (2010) 50 Cal.4th 68]
03. Marina Pacific Hotel and Suites, LLC v. Fireman’s Fund (Insurance for Covid Losses) 81 Cal.App.5th 96 [See Musso & Frank Grill Co., Inc. v. Mitsui Sumitomo Ins. USA Inc., 77 Cal.App.5th 753, F/T 04/22; Inns-by-the-Sea v. California Mutual Ins. Co., 71 Cal.App.5th 688]
04. Another Planet Entertainment, LLC v. Vigilant Insurance Company (Covid Coverage) 56 F.4th 730 (9th Cir. 2022)[See United Talent Agency v. Vigilant Insurance Co., 77 Cal.App.5th 821 (April 2022); Marina Pacific Hotel and Suites, LLC v. Fireman’s Fund, 81 Cal.App.5th 96; John’s Grill, Inc. v. Hartford Financial Services Group, 86 Cal.App.5th 1195; Shusha, Inc. v. Century-National Insurance Co., 2022 WL 18110247; Tarrar Enterprises, Inc. v. Associated Indemnity Corp., 83 Cal.App.5th 685; https://cclt.law.upenn.edu/]
05. Amy’s Kitchen, Inc. v. Fireman’s Fund Insurance Company (Communicable Disease Insurance) 83 Cal.App.5th 1062 [See O’Brien Sales & Mktg., Inc. v. Transp. Ins. Co. (N.D. Cal. 2021) 512 F.Supp.3d 1019; Inns-by-the-Sea v. California Mutual Ins. Co., 71 Cal.App.5th 688]
06. T.L. v. City Ambulance of Eureka, Inc. (Ambulance Accident) 83 Cal.App.5th 864 [See Hernandez v. KWPH Enterprises (2004) 116 Cal.App.4th 170]
07. Brennon B. v. Superior Court of Contra Costa County (Unruh Discrimination by Schools) 13 Cal.5th 662 [See Civ. Code 51(b); O’Connor v. Village Green Owners Assn. (1983) 33 Cal.3d 790; Warfield v. Peninsula Golf & Country Club (1995) 10 Cal.4th 594]
08. Musgrove v Silver (Bora Bora) 82 Cal.App.5th 694 [See Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879; Purton v. Marriott International, Inc. (2013) 218 Cal.App.4th 499]
09. Fajardo v. Dailey (Sidewalk Defect) 85 Cal.App.5th 221 [See Nunez v. City of Redondo Beach (2022) 81 Cal.App.5th 749; Cadam v. Somerset Gardens Townhouse HOA (2011) 200 Cal.App.4th 383]
10. Brown v. Beach House Design & Development (Privette or Not) 85 Cal.App.5th 516 [See Privette v. Superior Court (1993) 5 Cal.4th 689; Hooker v. Department of Transportation (2002) 27 Cal.4th 198; McKown v. Wal-Mart Stores, Inc. (2002) 27 Cal.4th 219]
11. Miller v. Roseville Lodge No. 1293 (Privette Presumption) 83 Cal.App.5th 825 [See Privette v. Superior Court (1993) 5 Cal.4th 689; McKown v. Wal-Mart Stores, Inc. (2002) 27 Cal.4th 219; Kinsman v. Unocal Corp. (2005) 37 Cal.4th 659]
12. Ramirez v. PK I Plaza 580 SC LP (Privette Parameters) 85 Cal.App.5th 252 [See Privette v. Superior Court (1993) 5 Cal.4th 689; Laico v. Chevron U.S.A., Inc. (2004) 123 Cal.App.4th 649]
13. Pereda v. Atos Jiu Jitsu LLC (Jui Jitsu Injury) 85 Cal.App.5th 759 [See (Patterson v. Domino’s Pizza, LLC (2014) 60 Cal.4th 474; Kaplan v. Coldwell Banker Residential Affiliates, Inc. (1997) 59 Cal.App.4th 741]
14. Defries v. Yamaha Motor Corporation, U.S.A. (Upstream Liability) 84 Cal.App.5th 846 [See Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256; Dow v. Holly Mfg. Co. (1958) 49 Cal.2d 720]
15. Dhital v. Nissan North America, Inc. (Fraudulent Concealment/Economic Loss) 84 Cal.App.5th 828 [See Rattagan v. Uber Technologies, Inc., 19 F.4th 1188 (2021); Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979]
16. Enterprise Rent-A-Car of Los Angeles v. Superior Court (Foreign Driver’s License) 84 Cal.App.5th 1 [See CA Vehicle Code sec 14608; Philadelphia Indemnity Ins. Co. v. Montes-Harris (2006) 40 Cal.4th 151]
17. Gormley v. Gonzalez (Liquidated Damages) 84 Cal. App. 5th 72 (CA Civ Code 1671; Greentree Financial Group, Inc. v. Execute Sports, Inc., 163 Cal. App. 4th 495; Vitatech Internat., Inc. v. Sporn, 16 Cal. App. 5th 796]
18. Riley v. Volkswagen Group of America, Inc. (Punitive Damages) 51 F.4th 896 (9th Cir) [See State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408]
19. Valenzuela v. City of Anaheim (Loss of Life Damages) 6 F.4th 1098 (9th Cir.) [See CA civ Code 377.34; Chaudhry v. City of Los Angeles, 751 F.3d 1096 (9th Cir. 2014)]
20. Supreme Court Update [See Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. __, 142 S.Ct. 1906; Adolph v. Uber Technologies, Inc., 2022 WL 1073583; Himes v. Somatics, LLC, (9th Cir) 29 F.4th 1125; Kuciemba v. Victory Woodworks, Inc., 31 F.4th 1268 (9th Cir. 2022)]
21. Conclusion
Testimonials
“Best legal updates out there. Brief but thorough and easily understood.”
— Vincent Bartolotta, Esq.
“Faith Pincus has carried on the Finz tradition admirably. Professor Pat Cain, the current “voice” of the monthly CDs case summaries, is knowledgeable, insightful and easy to listen to. I have found her analyses and insights very valuable.
As well, it’s the easiest and least expensive 12 hours of MCLE per year, out there!”
— Hon. David W. Long, Judge of the CA Superior Court (Ret.)
“I’ve been a subscriber to Finz for the better part of my career as an attorney and I value the content as much now as I ever did. It’s very much worth the cost of subscription and I highly recommend Finz.”
— Steven Zwick, Esq.
“Finz CDs on California Tort law not only keep us up-to-date on tort law, but they are also a comprehensive review of the area of tort law with which the subject cases deal. This is because Professor Cain discusses each case in the context of the surrounding law. These CDs are essential for anyone practicing personal injury law today!
–Albert J. Lenzi, Jr., Esq.
“Very nicely done summaries. Interesting, enjoyable, convenient, time effective, fun to listen to, keeps us abreast of the state of the law, and ahead of the game.”
“I am a sole practitioner with a busy litigation practice; the monthly Finz updates are an invaluable resource which enable me to efficiently and effectively stay up to date with newly-decided cases which affect my practice. Also, Finz updates provide a simple way to satisfy MCLE participatory requirements.”
— Mike Wright, Esq.
“Epsten, APC is a boutique firm that deals with homeowner associations and construction defect litigation. Dealing in these two areas of law touches upon countless areas of the law. I try to read the DARs regularly, but simply cannot get through all the material timely.
Faculty
Professor Patricia A. Cain
Professor of Law
Santa Clara University School of Law
Professor Patricia Cain was originally hired as the Inez Mabie Distinguished Professor of Law at Santa Clara Law (which passes on to new faculty every five years).
She has been the author and voice of Finz Case Law Updates on Torts and Employment law in California for more than a decade, taking over after Steven Finz passed away.
She is currently working on a torts casebook with co-author, Jean C. Love, Professor of Law, Santa Clara University.
Before joining the SCU faculty in 2007, she served as Vice Provost and Aliber Family Chair in Law at the University of Iowa. She was a member of the faculty at the University of Texas for 17 years before moving to the University of Iowa College of Law in 1991. She also held the H.O. Head Centennial Professor in Real Property Law at the University of Texas (1990-91).
A member of the American Law Institute, and a fellow of the American College of Trusts and Estates Counsel, she has also served on the board of Lambda Legal Defense and Education Fund and is a past president of the Society of American Law Teachers (SALT). She is currently serving as Treasurer of SALT.
She is a frequent lecturer for Continuing Legal Education on topics ranging from taxation to torts.
Professor Cain has published more than 50 law review articles as well as several book chapters, treatises, and books, including Rainbow Rights: The Role of Lawyers and Courts in the Lesbian and Gay Civil Rights Movement (Westview Press 2000); and Sexuality Law, 2nd Edition (with Arthur S. Leonard) (Carolina Academic Press 2009). Professor Cain received her A.B. degree from Vassar College and her J.D. degree from the University of Georgia.
Fees
Pincus Bi-Annual Torts Review (CA and federal) – 2022 Edition (July – December 2022).
$99 Instant Download or CD.
For CD’s, you will also be charged sales tax and $8.50 shipping. CD’s are shipped within two days of receiving your order (at the latest).
CLE Credit
CA: 1.25 General CLE Participatory or Self Study (see below for how to get Participatory CLE).
CA: Certified Legal Specialist CLE in Appellate Law – Participatory: 1.25 CLE (through March 13, 2025).
CA: Certified Legal Specialist CLE in Appellate Law – Self-Study: 1.25 CLE (through March 13, 2028).
For Participatory CLE Credit/ Certificates, please email us the CLE Verification Codes announced during the program and we will email you a participatory CLE Certificate. Please keep your certificate for four years.
You do not need a certificate for self-study as you attest to the bar on their honor system, however, we are happy to provide you with one for your records if you like, please just email us at info@pincusproed.com.
Terms and Policies
Downloads/CDs/DVDs – Refund policy:
Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.
