CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......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.