A homeowner sued the Federal Home Loan Mortgage Corporation “Freddie Mac” for breach of contract and breach of fiduciary duty. Freddie Mac had purchased the homeowner’s mortgage from the loan originator on the secondary market. The loan originator continued to service the loan and failed to pay the insurance premium from an escrow account which […]
Parties Jointly And Severally Liable On An Obligation May Be Sued In Separate Actions.
The California Supreme Court clarified that California law permits separate actions against parties who are jointly and severally liable, stating: “Although long-standing case law has found separate actions permissible, the Court of Appeal here held that a second suit is barred after entry of judgment against one of the contracting parties. The Court reasoned that […]
Summary Judgment Reversed On Issue Of Gross Negligence In Action Against Fitness Facility.
Plaintiff suffered a traumatic brain injury when a cross-trainer cable struck her in the head at a 24-Hour Fitness, the defendant. Defendant moved for summary judgment, arguing that the written release of liability in the membership agreement was a complete defense to plaintiff’s claims for negligence and premises liability. As to the products liability claim, […]
“Rules Are For Children. This Is War, And In War The Only Crime Is To Lose,” Joe Abercrombie.
During the trial of a personal injury action, defense counsel asked questions in clear violation of the trial court’s in limine orders. The trial court sustained each of plaintiff counsel’s objections, but defense counsel continued to violate the in limine orders. The Court of Appeal reversed the judgment in favor of the defendant, stating: “Because […]
Intellectual Property…The Devil’s In The “Related Search” Details.
Plaintiff is the manufacturer of high-end military style watches, known as MTM Special Ops watches. Defendant, retailer Amazon.com, does not sell these watches, but when a potential buyer inserts “MTM Special Ops” onto its website, a message will direct the person to related searches of “MTM special ops watch,” and show images of watches manufactured […]
Jury Trial For Claim Of Express Indemnity.
Following summary judgments and settlements in litigation resulting from severe injuries in a hotel swimming pool, the only issues remaining were those raised in a cross-complaint brought by a party and its insurance company against the pool company to recover the amount it spent on the litigation based on a claim of express indemnity. The […]
Clemency Or Pulling Strings?
The son of the former Speaker of the California State Assembly aided in the stabbing and killing of a young man near the campus of San Diego State University in October 2008. He was charged with murder and pled guilty to voluntary manslaughter on the eve of trial, and was sentenced to 16 years in […]
Human Guinea Pigs In Chemical Weapons Program.
From the inception of the U.S.’s chemical weapons program during World War I until the mid-1970s, the United States military conducted chemical and biological weapons experiments on human subjects, and tens of thousands of U.S. armed service members were intentionally exposed to a range of chemical and biological agents. In this class action, plaintiffs are […]
Death Knell Doctrine Does Not Apply When A PAGA Cause Of Action Remains.
It is well established under California law that an order denying a motion to certify all class claims leaving only the named plaintiff’s individual claims in the trial court is an appealable order under the death knell doctrine, because absent immediate review, the plaintiff would have no financial incentive to pursue his or her case […]
Court Refused To Accept Dismissal Of Appeal, Stating: “The Lack Of Civility Demonstrated In This Case Is A Matter Of Public Interest.”
Two paragraphs of the opinion best describe what happened: “We find FCI’s conduct with respect to this entire case demonstrative of a particularly nasty type of scorched earth tactics. A purportedly stolen hard drive, which was placed in the hands of defendants solely for litigation purposes, has resulted in an attempt to disqualify counsel and […]
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