Two brothers formed a partnership business which thrived for years until one partner withdrew. The brothers sued each other, alleging various causes of action. They asked the Superior Court to set a valuation of the business for buyout purposes. The Court of Appeal noted that both brothers wanted the court to assume a partnership can […]
$13.8 Million Punitive Damages Not Unconstitutionally Excessive.
Betty Bullock smoked cigarettes for 45 years. The jury awarded $850,000 in compensatory damages and later awarded $28 billion in punitive damages. The trial court granted a new trial on the issue of excessive damages with the condition it would deny the motion if plaintiffs consented to reduce the punitive damages to $28 million. Plaintiffs […]
2007 Mortgage Debt Relief Act Extended For One Year In Senate Bill.
It appears that the Mortgage Debt Relief Act of 2007 will be extended for one year. The Senate is currently making amendments to the Bill, passed in the House earlier this morning and the President has yet to sign, however, with those caveats the extension is expected to be included. Here is the text from […]
Parol Evidence Admissible & Statute Of Limitations Explained In Real Estate Sales Contract Twist.
Buyer failed to reconvey property to seller after paying off her debts secured by the home in exchange for the return of the purchase price and payment of a service fee as orally promised by buyer. The seller’s broker was supposed to memorialize the terms of the deal into a writing, but the written contract […]
Goodbye Collateral Source Rule.
The California Supreme Court stated the collateral source rule, as outlined in Helfend v. Southern Cal. Rapid Transit District (1970) 2 Cal.3d 1, [465 P.2d 61; 84 Cal.Rptr. 173] has no bearing on amounts that were included in a medical provider’s bill for which a plaintiff never incurred liability because the provider, by prior agreement, […]
Shooting With Gun Instead Of Taser.
Police officer shot and killed an arrestee believing a Glock semiautomatic pistol was a stun gun. The deceased’s family filed suit under 42 U.S.C. §1983 and the trial court granted summary judgment. Both weapons were black, of similar size and weight and placed closely on the holster. Once before the fatal shooting, the officer mistakenly […]
May I Speak With NJweedman.com, Please?
Petitioner, who hails from New Jersey, provides marijuana to the sick from a Rastafarian temple and operates a medical marijuana dispensary in Los Angeles. As a cult figure, he is known as NJweedman and operates a website called NJweedman.com. On the site, he calls upon jurists to acquit him on pending criminal charges. He petitioned […]
Arbitration Provision In Insurance Policy, But Not In Application, Enforceable.
Defendants moved to compel arbitration based on an arbitration provision in the insurance contract between the parties. The trial court denied the motion, ruling that the arbitration provision was unenforceable because it was not disclosed in the application for the policy. The appellate court ruled the case should have been ordered to arbitration as the […]
Privacy Rights Trump Litigation Tactics.
In a wrongful termination case, the plaintiff intended to present statistical information to develop a disparate impact claim. He asked for the names of all employees terminated during a certain period, the department where each worked, the age of each, the reason for each termination, whether severance benefits were offered and, if so, if they […]
Government Tort Claim Delivery Requirement Strictly Construed.
After being damaged by medical negligence at a county hospital, plaintiff’s lawyer gave written notice under Code of Civil Procedure section 364, that a suit for personal injuries would be filed. Counsel personally delivered copies of the letter to the hospital’s administration and requested that it be forwarded to the hospital’s insurance carrier. It is […]
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