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Tag Archives: judgment
Order To Tax Costs On Appeal After A Remand Is Immediately Appealable.
On appeal, the Court of Appeal remanded the case to reduce damages and awarded appellant costs on appeal, including attorney fees. Appellant filed a cost bill in the trial court and the trial court only partially granted a motion to tax … Continue reading
Posted in Appellate Law News, Attorney's Fees News, Damages Law News, Legal News, Procedural Law News, Trial Law News
Tagged 123 Cal.Rptr.3d 379, 193 Cal.App.4th 1075, 2011 DJDAR 4362, affirming, ancillary, appeal, appealability, appealable, appellant, attorney fees, await, awarded, awarding, Case, collateral, collateral matter, collateral order, cost bill, costs, court, Court of Appeal, damages, dicta, Enforceable, entry, Filed, final judgment, granted, immediately, immediately appealable, including, interlocutory order, judgment, Krikorian Premiere Theatres LLC, main issue, modified, money judgment, Motion, motion to tax cost, moving party, new trial, on appeal, Order To Tax Costs On Appeal After A Remand Is Immediately Appealable., orders to pay, original judgment, partially, party entitled, payment of money, post-judgment order, postjudgment, Reduce, remanded, reversing, special order, successful party, taxed, taxing, temporary, Time, to appeal, trial, trial court, Westminster Central LLC
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Settlement Offers To Compromise Under Code of Civil Procedure Section 998, Must Conform To Statute.
Since 2006, the statute governing statutory offers to compromise (Code of Civil Procedure section 998) has provided that the offers include “a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer … Continue reading
Posted in Appellate Law News, Legal News, Procedural Law News, Settlement Law News
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Common-Fund Doctrine Applies To ERISA Health Plans.
Plaintiff, an employee of an airline, brought an action against a third party for injuries and his lawyers secured $110,000 for him. After deducting 40 % for the contingency fees, plaintiff received $66,000. The airline has a health benefits plan which … Continue reading
Posted in Employment Law News, Health Care Law News, Legal News, Personal Injury Law News, U.S. Supreme Court
Tagged 133 S.Ct. 1537, 185 L.Ed.2d 654, 29 U.S.C. § 1001, 40 %, abrogate, action, administrator, airline, airline’s, applicable contract, authorize, beneficiary, bringing, cannot, common-fund doctrine, Common-Fund Doctrine Applies To ERISA Health Plans, contingency fee, contingency fees, contract term, contract-based, Contractual, court, deducting, demanded, district court, double recovery, employee, Employee Retirement Income Security Act of 1974, entitles, equitable, equitable defenses, equitable lien, Equitable Relief, ERISA, ERISA contract, ERISA plan, Favor, formula, full amount, further proceedings, gap, general principles, govern, granted, health benefits plan, health plan, injuries, insured, insurer, judgment, lawyers, matter, McCutchen, medical bills, medical expenses, modern-day, money, override, paid, plan, promised, properly, quotation marks omitted, read, reasoning, received, Recovered, recovers, reimbursement, remanded, retain, reversed, secured, stated, subrogation, Summary judgment, Terms, Third Circuit, third party, Trump, U.S. Airways, U.S. Airways Inc., United States Supreme Court, unjust enrichment, unjustly, Vacated, “common-fund”
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Civil Action For False Arrest, False Imprisonment And Malicious Prosecution Against Detectives And City To Go Forward.
A suspect was arrested for the attempted murder of a victim who was shot in the leg. At the preliminary hearing, the lead detective testified he and his partner interviewed the victim shortly after that shooting, that he showed the victim … Continue reading
Posted in Criminal Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News, Summary Judgment Law News, Tort Law News
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If At First You Don’t Succeed With A Motion For Mandatory Relief, Don’t Wait Too Long To Try, Try Again.
In a dispute involving construction of a condominium project, defendants failed to file a responsive pleading after the court denied defendants’ petition to order the matter into arbitration. The trial court entered a $1.7 million default judgment. Defendants moved for mandatory … Continue reading
Posted in Appellate Law News, Legal News, Procedural Law News
Tagged $1.7 million, 102 Cal.Rptr.3d 140, 179 Cal.App.4th 868, 215 Cal.App.4th 277, action, appellate court, apply, arbitration, attorney declaration, averred, Bellaire Townhouses, Bellaire Townhouses LLC, bound, CCP, CCP § 1008, CCP § 473(b), Civ.Proc., Civ.Proc. Section 1008, Civ.Proc. Section 473(b), Civ.Proc. § 1008, Civ.Proc. § 473(b), Code of Civil Procedure, Code of Civil Procedure section 1008, Code of Civil Procedure section 473(b), concluding, condominium project, Consider, construction, credible, decision, declaration, declining, default, Default Judgment, default judgments, defense counsel, denied, detailed, detailed declaration, different facts, discretionary, dispute, entered, entry of default, Even Zohar Construction & Remodeling, Even Zohar Construction & Remodeling Inc., excusable neglect, explanation, failed, fault, File, Follow, forfeiture, granted, held, holding, If At First You Don’t Succeed Don’t Wait Too Long To Try Try Again, inadvertence, inexcusable, involving, italics, judgment, lacked jurisdiction, mandatory, mandatory relief, matter, Motion, motion for mandatory relief, motion for reconsideration, moved, moving party's, neglect, notice, order, ordered, petition, plain meaning, predicate, pursuant, reinstatement, relief, remedial, renewal, renewed, renewed motion, repetitive, requirements, requires, responsive pleading, reversed, search warrant, section 1008, section 473(b), short period of time, Standard Microsystems, Standard Microsystems Corp., surprise, trial court, unambiguous, Winbond Electronics Corp., § 1008, § 473(b), “not credible”, “too general”
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Rule Set Forth In Howell v. Hamilton Meats & Provisions, Inc. Applied During Post-Trial Motion.
As plaintiff, a disabled man, passed through the threshold of a door to exit a store, the automatic doors closed on him three or four times before he was able to pass through. When he made it through the doors, he … Continue reading
Posted in Appellate Law News, Damages Law News, Legal News, Personal Injury Law News, Trial Law News
Tagged 129 Cal.Rptr.3d 325, 215 Cal.App.4th 196, 257 P.3d 1130, 52 Cal.4th 541, actually paid, added, adjustments, Agreement, ambulance, amended judgment, amount, amount billed, amounts billed, amounts paid, appeal, appellate court, automatic doors, award, awarded, bed sore, billed, bills, cane, cap, CCP, CCP § 998, Civ.Proc., Civ.Proc. section 998, Civ.Proc. § 998, closed, Code of Civil Procedure, Code of Civil Procedure section 998, comparative negligence, concluded, contended, contributory negligence, costs, court, Court of Appeal, damages, decubitus, decubitus ulcer, diagnosed, disabled, disagreed, discharged, door, doors, double recovery, effect, entered, err, evidence, exit, expenses, failed, failure, fell, financially whole, found, fracture, fractured, fractured hip, future, ground, Hamilton Meats & Provisions, Hamilton Meats & Provisions Inc., hip, holding, hospital, Howell, impermissible, improperly, Inc. Applied During Post-Trial Motion, including, insurer, ischial, Island Pacific Supermarkets, Island Pacific Supermarkets Inc., judgment, jury, jury verdict, jury's award, leg, loss, Luttrell, Made, Man, Medi-Cal, Medical, medical expenses, medical providers, medical services, Medicare, Medicare lien, mitigate, mitigate his damages, mitigation, Motion, negligence, new trial, noneconomic, noneconomic loss, offered, paid, pass through, passed, past, past medical expenses, Patient, percent, percent reduction, personal injury, preexisting, pretrial offer, provider, providers, readmitted, recover, Recovered, reduced, reduction, reimbursement, responsible, Rule Set Forth In Howell v. Hamilton Meats & Provisions, section 998, settled, Store, store’s, supported, surgery, threshold, treating, treatment, trial, trial court, twisted, ulcer, underwent, § 998
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