Roger J. Traynor - List of Cases

List of Cases

• Bernhard v. Bank of America, 19 Cal. 2d 807 (1942) a litigant could be collaterally estopped from relitigating an issue that had been previously decided in an earlier suit against a different party
• Escola v. Coca Cola Bottling Co. of Fresno, 24 Cal. 2d 453 (1944) Early suggestion (in concurrence) of true strict liability for defective products
• Perez v. Sharp, 32 Cal. 2d 711 (1948) overturning a state law prohibiting miscegenation, Civil Code Section 69. The Supreme Court of California was the first state supreme court to abolish such laws.
• State Rubbish Collectors Ass'n v. Siliznoff, 38 Cal. 2d 330 (1952) the cause of action for intentional infliction of emotional distress (IIED)
• De Burgh v. De Burgh, 39 Cal. 2d 858 (1952) the defense of recrimination in the context of divorce
• People v. Cahan, 44 Cal. 2d 434 (1955) the exclusionary rule barring admissibility of evidence obtained in violation of the Fourth Amendment to the United States Constitution (as suggested by the U.S. Supreme Court in Wolf v. Colorado, 338 U.S. 25 (1949)), though Cahan would be rendered moot by Mapp v. Ohio, 367 U.S. 643 (1961)
• Pencovic v. Pencovic, 45 Cal. 2d 67 (1955) the rule that parents cannot evade their child support obligations through the invocation of freedom of religion by becoming ostensible religious gurus and founding religious communes.
• Drennan v. Star Paving Co., 51 Cal.2d 409, 333 P.2d 757 (1958). A party who has detrimentally relied on an offer that is revoked prior to acceptance may assert promissory estoppel to recover damages. This doctrine was incorporated into the Restatement (Second) of Contracts, but most jurisdictions have been loath to apply it except in cases involving general contractors relying on bids by subcontractors in competitive-bid contracts (similar to the facts in Drennan).
• Muskopf v. Corning Hospital District, 55 Cal. 2d 211 (1961) overturned the doctrine of sovereign immunity, although the Legislature promptly overrode Muskopf with the Tort Claims Act of 1963 as explained in Biggers v. Sacramento City Unified School District, 25 Cal. App. 3d 269 (1972)
• Bernkrant v. Fowler 55 Cal. 2d 588 (1961) the "moderate and restrained interpretation" doctrine for resolving conflict-of-laws problems
• Greenman v. Yuba Power Products, Inc., 59 Cal. 2d 57 (1963) true strict liability in tort for defective products (see product liability) which a 1996 panel of tort law experts subsequently ranked as the top development in tort law of the past 50 years.
• Vandermark v. Ford Motor Co., 61 Cal. 2d 256 (1964) extension of such strict liability from manufacturers to retailers and all others involved in the "overall producing and marketing enterprise that should bear the cost of injuries resulting from defective products,"
• Pacific Gas & Elec. Co. v. G. W. Thomas Drayage Co., 69 Cal. 2d 33 (1968) the rule that extrinsic evidence of trade usage or custom is admissible where relevant to prove a meaning to which the language of a contract is reasonably susceptible, undermining the parol evidence rule
• Jones v. H. F. Ahmanson & Co., 1 Cal. 3d 93 (1969) the rule that majority shareholders of closely held corporations have a duty to not destroy the value of the shares held by minority shareholders