In another asbestos case against the same manufacturer, defendant contended the Court of Appeal could not consider the proposed amendments to the complaint because the pleading was not timely presented below. The appellate court did not buy the argument, stating the proposed pleading states causes of action for strict liability and negligence and that “a complaint […]
Judgment On The Pleadings Against Manufacturer Reversed.
A few months ago, the California Supreme Court limited the liability of manufacturers resulting from asbestos manufactured by third parties in O’Neil v. Crane Co.(2012) 53 Cal.4th 335, [266 P.3d 987; 135 Cal.Rptr.3d 288]. In this case, the Court of Appeal found the exception articulated in O’Neil comes into play, stating the machine here is allegedly […]
No Arbitration For Skilled Nursing Facility In Elder Abuse Case.
A patient sued a skilled nursing facility for elder abuse based on alleged negligent care. Her daughter sued the same defendants in the same complaint for negligent infliction of emotional distress based on what she allegedly observed her mother go through. The mother had signed an arbitration agreement, and defendants moved to compel arbitration. The trial […]
Intentional Interference With Expected Inheritance [IIEI]; There’s A New Tort In Town!
![Homosexual Intentional Interference With Expected Inheritance [IIEI]](https://www.mellorlawfirm.com/wp-content/uploads/2013/03/gay-men-2.jpeg.webp)
It’s called intentional interference with expected inheritance [IIEI]. Two adult males were in a long-term committed relationship when one was hospitalized and awaiting surgery. He asked his partner to prepare a will dividing his estate equally between his estranged sister and the partner. The partner prepared the will and sent a copy of it to the […]
Manufacturing Defect Summary Judgment In Favor Of Medical Device Manufacturer Reversed.
Plaintiff had a prosthesis implanted in his femur, and reported pain in his thigh 18 months later. A fatigue fracture was discovered. Defendant manufacturers filed a motion for summary judgment, which included a declaration from an engineer stating the prosthesis was not defective in design or manufacture. Plaintiff’s opposition included the declaration of a metallurgist who […]
The woman then got inside her vehicle
Saric’s previous career high of 29 points came in a win over the Los Angeles Lakers at the Staples Center on March 12. That was two games after he had 28 points in a loss to the Suns in Phoenix. And 11 of his 13 20 or more point scoring performances came in the last […]
Despite The Fact Its Corporate Powers Were Suspended When The Appeal Was Filed, So Long As Corporation Was Reinstated, Plaintiff Corporation Was Permitted To Continue With Its Appeal.
Before trial, defendants learned that plaintiff corporation’s corporate powers had been suspended by the State of California due to nonpayment of taxes and moved for the trial court to preclude plaintiff from offering any evidence at trial. The court denied the motion contingent on the corporation’s reviving its corporate powers. Later, the court entered judgment in […]
Concealed Weapon Exception Narrowly Construed.
A trial court issued a peremptory writ directing the office of the District Attorney to afford a retired District Attorney investigator, who resigned from the D.A.’s office prior to retirement age, a hearing to determine if there is good cause to deny issuing him a certificate authorizing him to carry a concealed weapon and loaded firearm. […]
Fall Off Bed In Hospital Ordinary Negligence Governed By The Two-Year Statute Of Limitations.
A patient brought an action against a hospital for general negligence and premises liability after a bed rail collapsed causing her injuries when she fell to the floor nearly two years earlier. The trial court dismissed the action, ruling the action was one for professional negligence subject to the one-year statute of limitations [Code of Civil […]
No Equitable Contribution From Employer’s Insurance Policies Until All Of The Tortfeasor Employee’s Policies Exhausted.
An employee caused injuries to another person while driving his car in connection with his employer’s business. Three insurance policies were in effect. Insurer #1 insured the negligent employee. Insurers # 2 and #3 insured the employer. After a settlement, Insurer #1 sought equitable contribution from #2 and #3, which the trial court ordered after granting […]
- « Previous Page
- 1
- …
- 131
- 132
- 133
- 134
- 135
- …
- 183
- Next Page »