Plaintiff who has difficulty walking, due to osteoarthritis, collapsed spinal disc, knee replacement and another knee that needs replacement, flew United during both legs of a trip. She claims during both trips, United failed to provide her wheelchair assistance. Among her allegations: “United agents yelled at her, expressed skepticism that she actually needed a wheelchair, and […]
On A Cellular Phone While Driving Reading A Map.
Vehicle Code section 23123, states: “A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.” The appellate court was asked to determine whether or not using a wireless phone solely for its […]
When 170.6 Challenge To Judge Assigned To Trial Presented, Independent Calendar Court Did Not Function As A Master Calendar Court.
A corporate dissolution action was assigned to one judge for all purposes. That judge advised counsel he would not be available on the trial date and “would tell them at trial call on November 9 which trial judge would be assigned the case” for trial. On November 9, the court informed counsel the name of the […]
Summary Judgment For Employer Reversed On Worker’s Compensation Defense.
Plaintiff functioned as a volunteer employee for defendant. Defendant’s worker’s compensation insurance policy provided coverage for volunteers. On the day of the incident, according to plaintiff, plaintiff was not acting as a volunteer, but went to defendant’s business to visit a friend. Plaintiff claimed that while she was there, she was asked to go get somebody […]
Court Erred In Finding A Lack Of Mutual Assent.
A commodities merchandiser entered into 12 contracts. It sued the buyer alleging it failed to accept and pay for some of the merchandise. After a bench trial, the court found there was no mutual assent for lack of certain contract terms. Judgment was entered for the buyer. The Court of Appeal reversed, stating in part: “The […]
In Quiet Title Default Prove-Ups, Another Appellate Court Agrees Evidentiary Hearing Required.
I previously reported on the split decision of Harbour Vista, LLC v. HSBC Mortgage Services, Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Code of Civil Procedure section 764.010, provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title […]
Judicial Error Harmless.
Shortly after a hearing, an administrative law judge [ALJ] was contacted by an FBI agent who said the claimant was faking his physical injuries. The ALJ disclosed the ex-parte contact to claimant’s lawyer, who objected to any weight being given to the information unless there was a supplementary hearing wherein the FBI agent could be cross-examined. […]
Loss Of Consortium Claim Valid If Marriage Predates Discovery Of Symptoms.
With latent injury cases, injury often does not occur at the time of exposure to a toxic substance, but often decades later. The Court of Appeal held the required showing of the existence of a valid marriage for a loss of consortium claim is satisfied if the plaintiff’s marriage to the injured spouse predates discovery of […]
No Qualified Immunity For Police Officer In Wrongful Death Of Suspect.
A jury found a police officer caused the wrongful death of a suspect who died “through the unconstitutional use of excessive force” while in police custody at a hospital. The appellate court analyzed: “Taken as a whole, the combined effect of [the] evidence supports a finding that Macias punched and tasered a non-resisting and compliant man […]
More Juror Misconduct On Facebook…Court Gets Serious.
Following a criminal conviction, the court learned that during the trial a juror had posted items on Facebook concerning the trial. In order to determine whether juror misconduct was committed, the court ordered the former juror to execute a consent form pursuant to the Stored Communications Act [SCA; 18 U.S.C. §2701 et seq.] authorizing Facebook to […]
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