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9th Cir accident alleged amend Appeal affirmed Appeal reversed apply arbitration Arizona firm asbestos barred breach of contract Bruyn Bus & P C C4th CA4th California Supreme Court causes of action City complaint conduct Corp corporation Court of Appeal coverage CR2d CR3d Cumis counsel dangerous condition defamation defendant's disability duty efficient proximate cause employee evidence exclusion failed False Claims Act federal filed Fourth District Court homeowners injury insurer's jury limitations period litigation privilege loss matter of law medical devices medical malpractice Medtronic MICRA mold motion negligence noneconomic damages peril plaintiff Plaintiff appealed Plaintiff sued preempted preemption Premises Liability public entity punitive damages risk safety Second District Court sovereign immunity statute of limitations statutory strict liability sued defendant summary judgment Superior Court 2008 third party Tort triable issue trial court trial court granted trial court properly U.S. Court unlawful detainer Unocal violation