cheltenham festival 2017 gold cup day betting guide yeti tumbler sale One of the most amazing things we’ve come across is the car used by Stirling Moss in the Monte Carlo Rally of 1953, where he won the Charles Ferro Trophy. It arrived in great condition, particularly given the state it was in when its […]
Oral Testimony In A Law & Motion Matter.
The trial court concluded an arbitration clause was susceptible to conflicting interpretations with respect to scope. It considered extrinsic evidence with respect to the intent of the parties, and received oral testimony at the motion. The appellate court found the court acted within its discretion. Burch v. Premier Homes, LLC (Cal. App. Second Dist., Div. […]
Statement Of Decision In A Law & Motion Matter.
Civ.Proc. §1291 states: “A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment, except a special order after final judgment, is made that is appealable under this title.” But when a party requested the court to issue a statement of decision at the time […]
Sleeping With The Enemy.
For years, the wife read books about divorce, money and using false criminal accusations against a spouse in a divorce proceeding. Eventually she reported to the sheriff that her husband threatened to kill her and their children. The husband was criminally prosecuted for making terrorist threats and found not guilty. He filed a malicious prosecution […]
No Need To Sacrifice More Trees.
The appellate court reversed grant of summary judgment against a plaintiff in a medical malpractice action. The trial court granted it because plaintiff’s expert declaration did not attach the materials the expert consulted in reaching his opinion, as required by Garibay v. Hemmat (2008) 161 Cal.App.4th 735, [74 Cal.Rptr.3d 715]. But the materials the expert relied […]
How Do You Spell C-I-V-I-L-I-T-Y?
One party asked for documents in March, 2007. The other party provided only objections to the discovery request. The court ordered production. A year and a half later, 30,600 documents were produced. Alas, entire categories of requested documents were withheld. Many meets & confers later, the requesting party moved to compel compliance with the court’s […]
36 Years Later.
A jury awarded the plaintiff $6,000,000 non-economic damages in a medical malpractice case and the trial court reduced the award to $250,000.00, pursuant to Civil Code §3333.2, passed as part of the Medical Injury Compensation Reform Act, (MICRA), in 1975. Plaintiff appealed, claiming the reduction violated her rights to equal protection and to a jury […]
Party Did Not File Own Peremptory Challenge.
One defendant filed a peremptory challenge but was dismissed from the action before the trial judge reviewed and accepted it. Another party to the case argued “the peremptory challenge became immutable and irrevocable at the moment it was made, instantly requiring the removal of the assigned judge.” The Court of Appeal found the trial judge […]
Between The Pot And A Hard Place.
Pursuant to a search warrant, police seized 12 seven-foot tall marijuana plants, freezer bags containing a total of about five ounces of marijuana, a tray of loose marijuana and rolling papers which plaintiff used for medicinal purposes. The court denied plaintiff’s first motion to return his property. Criminal charges were filed, police destroyed most of […]
High Heels Get Caught In Concrete Crack.
Plaintiff caught her foot in a walkway separation and “the toe of [her] right shoe . . .started to go forward” and she went down suffering injuries to her hands, wrists, elbows and knee. A jury awarded her $1,336,197 and the trial court granted both a JNOV and a new trial, ruling that “no reasonable […]
- « Previous Page
- 1
- …
- 148
- 149
- 150
- 151
- 152
- …
- 183
- Next Page »