CALIFORNIA FAMILY LAW
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Procedure Before Trial/Hearing
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Torts
.........Third Parties
5 Cards On This Topic:
As it was error to grant gun manufacturer and seller SJ re C/As for design defect and breach of implied warranty, order granting their motion against wife on loss of consortium claim reversed.
Wife has a valid claim for loss of consortium even though the negligent conduct causing H's mesothelioma may have predated the marriage.
First element of loss of consortium C/A satisfied if P’s marriage to injured spouse predates discovery of symptoms, or diagnosis, of asbestos-related disease even if marriage postdates exposure to the asbestos.
W could not file a new action seeking discovery against third parties that she could have gotten in the F/L action.
Pharmacy's tortious disclosure of W's confidential prescription information to H, against W's orders, not protected by litigation privilege from damages caused by H's using information in custody fight.