California Causes of Action will help you work more efficiently and effectively in all phases of pleading your case, whether you are drafting a complaint, answer or demurrer, or bringing or responding to a motion that will shape and define the parameters of the case. This edition is loaded with new case law to keep you up to date on a broad range legal topics, including:

NEGLIGENCE

• Assumption of risk
• Duty of property owner for conduct of third-party
• Duty of motor carrier – "suffer or permit to work" standard in distinguishing employee from independent contractor

• What constitutes a "prior action" brought without probable cause and with malicious intent?
• What constitutes "malice"
• Abuse of process – obtaining arrest warrant by false evidence

• Damages for reputational injury in fraud case
• Negligent misrepresentation – statute of limitations: time of discovery; inquiry notice

• Slander of title – elements
• Public nuisance – what constitutes a "substantial and unreasonable interference"?
• Standing to bring a claim for public nuisance

• Standing to bring a FEHA failure to hire claim
• Disability accommodations required for probationary employees
• Conduct that does (or does not) give rise to a constructive discharge

• Dilution of trademarks, service marks and trade names — dilution of distinctive quality
• Palming off – simulation and imitation of goods
• Trade name infringement – secondary meaning; confusingly similar; likelihood of public confusion

• Time within which claim must be filed, and when statute is tolled
• Affirmative defenses – discretionary immunity; reasonable action
• Public entity liability: acts and omissions of employees — scope of employment; vicarious liability

• Successor in interest – minor's standing to sue
• Damages available to successor in interest in survival action

• Complaint: Harassment, Negligent Supervision, Retaliatory Termination, Wrongful Termination in Violation of Public Policy