Court of Appeal declined to impose negligence, or strict liability for personal injuries to suppliers of raw materials. The court declined “to extend the holdings of the asbestos cases here because the metal products involved are not inherently dangerous.” Maxton v. Western States Metals (Cal. App. Second Dist., Div. 3; February 1, 2012) 203 Cal.App.4th […]
Word To The Wise About Civil Code §998 Offers.
Plaintiff does not accept an offer made under Civ.Code §998. Defendant takes the deposition of plaintiff’s expert and orders an expensive expedited transcript so it can make a motion to exclude the expert from testifying at trial. The court excludes the expert. Result? The appellate court held: “We therefore hold that section 998, subdivision (c) […]
Terms On Back Of Unsigned Invoice Unenforceable.
C9 delivered helium-filled tanks to SVC in a “rush order” without having SVC sign the invoice. A boy was injured when one of the tanks fell on him. Both C9 and SVC settled the claim for the boy’s injuries. C9 sued SVC for indemnification because on the reverse side of the invoice there was a […]
Settlement Agreement Enforceable Under Tragic Circumstances.
While awaiting a ruling from the superior court on a petition to approve a settlement filed by a guardian at litem on behalf of a minor who suffered injuries on an all terrain vehicle, the minor died. The defendant opposed the petition, arguing the settlement was not enforceable because it had not been approved by […]
No Duty Of Lab To Inform Patient Of Lab Results.
In their complaint, parents of a child born with cystic fibrosis contend they would not have conceived a child had the hospital informed them of the results of genetic tests. Both the trial and appellate courts found the hospital’s duty ended when it informed the doctor of the results. Summary judgment was granted to the […]
Class Certification Reversed.
Federal trial court certified a class involving problems with Honda’s brake system. The Ninth Circuit reversed because the class includes cars in different jurisdictions and California’s consumer protection statutes could not be applied nationwide. Mazza v. American Honda Motor Co. (Ninth Cir.; January 12, 2012) 666 F.3d 581.
Summary Judgment Reversed In Age Discrimination Case.
The Ninth Circuit reversed the grant of summary judgment in a case which alleged violation of the Age Discrimination in Employment Act [28 U.S.C. §621]. Plaintiff was 54 years old with 29 years of experience. Someone else who was 42 years old and had two years of experience was hired. During the process, there was […]
Thinking About Filing For Bankruptcy in Rialto, CA?
In this video, Attorney Mark Mellor walks you through the difference between Chapter 7 & Chapter 13 bankruptcy and which might be best for you. Contact our bankruptcy lawyers today at (951) 221-4744.
Discharging Student Loans in Bankruptcy Cases
The short story is you cannot discharge student loans. The longer story is that it is dischargeable if it would “impose undue hardship.” Most courts require a strong showing of “undue hardship” before allowing discharge of student loans. “Undue hardship” is defined as: (1) That she cannot maintain, based on current income and expenses, a ‘minimal’ […]
Discharging Taxes In Bankruptcy Cases
Is Tax Dischargeable? Five Rules That Must All Be Satisified To Discharge Taxes The Three Year Rule The most recent due date to file the return for the tax year in question is more than three years old. The most recent due date. Normally April 15th of the following year or October 15th if an […]
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