duty or abrogate immunity (California) · Go Syfert
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duty or abrogate immunity in California

6 California opinions name it 2 courts 1994–2022 2 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Applied Equipment Corp. v. Litton Saudi Arabia Ltd.green
cal · 1994 · cited in 5 California opinions naming this issue, 1995–2022
2 sentences

2003The following statement appears in our high court’s Applied Equipment opinion (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 514 [ 28 Cal.Rptr.2d 475 , 869 P.2d 454 ] (Applied Equipment)): “Conspiracy is not an independent tort; it cannot create a duty or abrogate an immunity.

2003The following statement appears in our high court’s Applied Equipment opinion (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 514 [ 28 Cal.Rptr.2d 475 , 869 P.2d 454 ] (Applied Equipment)): “Conspiracy is not an independent tort; it cannot create a duty or abrogate an immunity.

15
Muddy Waters v. Superior Courtgreen
calctapp · 2021 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022It allows tort recovery only against a party who already owes the duty and is not immune from liability based on applicable substantive tort law principles.” (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 514 ; accord, Muddy Waters, LLC v. Superior Court (2021) 62 Cal.App.5th 905 , 920.) Finally as to CTK, Affiliated alleged it (as part of the collective term “defendants”) engaged in fraudulent conduct in violation of the UCL.

11
Brown v. Professional Community Management, Inc.green
calctapp · 2005 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021It allows tort recovery only against a party who already owes the duty and is not immune from liability based on applicable substantive tort law principles.” (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 514 ; see Brown v. Professional Community Management, Inc. (2005) 127 Cal.App.4th 532, 540 .) Thus, even if taken as true, allegations of a conspiracy would operate to make plaintiff’s competitors potentially liable for the publications but would not operate to preclude Muddy Waters from asserting any defense it might otherwise be entitled to invoke. 7Indeed, almos

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Doctors' Co. v. Superior Court green
cal · 1989
1 sentence

1994It allows tort recovery only against a party who already owes the duty and is not immune from liability based on applicable substantive tort law principles. ( Doctors' Co., supra, 49 Cal.3d 39 ; Gruenberg v. Aetna Ins.

11994–1994

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