New CA Torts Case

duty negligence torts May 31, 2022
I've been a California civil trial lawyer since 1980, a member of the American Board of Trial Advocates since 1995, and I've been listed in The Best Lawyers in America every year since 2012. I still take a select few cases in the areas of business, insurance bad faith, personal injury, real property and wrongful death.
For many years I've provided mentoring to many less experienced California lawyers. Unlike when I started practicing in 1980, today very few new lawyers get mentoring to help them learn how to practice law the right way. To address this need, I've created Lawyer Master Mentoring™ to help lawyers throughout the U.S. learn how to practice law and create their dream civil law practices. I offer both a 12-week online video course and one-on-one Lawyer Master Mentoring™ sessions. 

To be the best lawyer that I can be, I keep up with the new California civil case law. A great way for lawyers to improve their organization and systems and results is to find a case summary subscription service, like my California Case Summaries™, to enable them to save time while easily keeping up with the new cases in their practice areas, to win more and make more money. 
To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here.

Below is a discussion of a new CA civil case published last month.


The issue of duty is an important concept in negligence. Last month, the Fourth District Court of Appeal published a new case addressing whether a contract between a Costco store and an independent contractor operating food sample tables in the store could effectively limit the duty the independent contractor owed to Costco customers in the store. A video discussing the case is above and my summary of the case is below.

New Torts Decision 

Hassaine v. Club Demonstration Services, Inc. (2022) _ Cal.App.5th _ , 2022 WL 1195331: The Court of Appeal reversed the trial court's order granting defendants' motion for summary judgment in plaintiff's action alleging negligence and damages arising out of her slip and fall on a slippery substance on the floor of a Costco store. Defendant was an independent contractor that operated food sample tables within the store. The trial court erred in concluding that defendant owed no duty to plaintiff because defendant's contract with Costco Wholesale Warehouse Corporation (Costco) limited defendant's maintenance obligations to a 12-foot perimeter around each sample table, and plaintiff's fall occurred outside that boundary. The Court of Appeal ruled that businesses have a common law duty of ordinary care to their customers that extends to every area of the store in which they are likely to shop, and while the agreement between Costco and defendant might allocate responsibility and liability as a matter of contract between those parties, it did not limit the scope of defendant's common law duty to customers. (C.A. 4th, April 22, 2022.)

Lawyer Master Mentoring Services

Lawyers (whether new or experienced) can rapidly create their dream law practices with the help of a master mentor who can help them think deeply, focus on what is essential, avoid distractions, develop their skills, avoid mistakes, answer their questions, and continuously improve their organization and systems. I offer an online video course and individual sessions to provide this much needed master mentoring to attorneys. For my lawyer master mentoring services visit my website at, email me at [email protected], or call me at (619) 990-4312.

Civil Litigation Services

I take a limited number of civil cases and represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. I use my experience as a California civil trial lawyer since 1980, a member of the American Board of Trial Advocates since 1995, I've been listed each year since 2012 in The Best Attorneys in America, and I work hard to attempt to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. For my civil litigation services visit my website at, email me at [email protected], or call me at (619) 990-4312.

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I also help attorneys and their clients by serving as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. I also keep up with the new civil case law published in California. I offer Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (213) 683-1600.  

Until my next blog post, stay safe and healthy.

Best regards,
Monty A. McIntyre, Esq.
Lawyer Master Mentoring™
Civil Trial Attorney  
Mediator, Arbitrator & Referee
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected] 


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