In an asbestos case, wherein a worker developed mesothelioma, and his wife suffered a loss of consortium, a jury awarded $30 million in compensatory damages, after finding defendant 65 percent at fault, and awarded $18 million in punitive damages. The plaintiffs accepted the trial court’s remittitur with regard to reducing the compensatory damages to $6 […]
Federal Court’s Resolution Of Mesothelioma Case Wrong Under California Law.
Plaintiff worked for decades in Navy shipyards. He died from mesothelioma six months after he sued 17 asbestos manufacturers in a California state court. His children were substituted as plaintiffs in a survivor action. The children brought another action against six more defendants in a federal court in California. That federal action was transferred to […]
Clerk Of The Court To Execute Escrow Documents.
After the parties agreed to a property purchase, the seller/defendant refused to complete the sale and returned the money the buyer/plaintiff placed in escrow. The buyer brought this action for specific performance. The parties thereafter settled the matter, but once again the seller failed to comply by withholding signature from necessary documents. The trial court […]
Rent Control.
A landlord converted a rent-controlled apartment building to condominiums, obtained a new certificate of occupancy in 2009 based on the change in use, and raised the rent. When a tenant objected, the landlord sought a declaration from the court that the unit was exempt from local rent control ordinances under the Costa-Hawkins Rental Housing Act […]
Statement Of Damages Served After BK Stay Lifted.
Instead of answering a medical malpractice complaint, a plastic surgeon filed bankruptcy. The plaintiff was granted relief by the bankruptcy court to proceed against the debtor “so long as recovery against debtor is limited to available insurance proceeds.” Plaintiff then served defendant’s insurer with a notice of default hearing, accompanied by a statement of damages […]
Trial Court Properly Denied Anti-SLAPP Motion Of Lawyers.
Two lawyers represented a man injured in a vehicular collision in the underlying action. The defendant in that action was in the course and scope of his business and was insured. The plaintiff and defendant in the underlying action agreed to settle their dispute for policy limits of $100,000. The plaintiff in the current action […]
Hits On Google.
In this matter seeking extraordinary relief, a plaintiff corporation made efforts to obtain copies of email messages stored by Google, Inc. on behalf of a defendant. Defendant moved to quash the request and the trial court ordered Google to produce the emails, based on its conclusion the defendant had deemed to have given his consent. […]
Two Judges Hearing Case In Appellate Division Of Superior Court Were Not Enough.
A man convicted of a misdemeanor appealed to the appellate division of the superior court, which affirmed his conviction. When the appellate division heard his appeal, however, there were only two judges. When the man complained, the appellate division held that two judges are sufficient. The man petitioned the Court of Appeal for extraordinary relief. […]
Demurrer Granted In Legal Malpractice Action Reversed On Appeal.
This action involves a man who hired a law firm to represent him in connection with a petition to have him appointed as conservator of his mother’s person and estate. The woman’s son was appointed conservator and informed the court all of his mother’s assets were in trust, and, therefore, no bond was required. The […]
Use Of Handcuffs On 6th Grader With ADHD Violates Fourth Amendment.
An 11-year-old child with attention-deficit and hyperactivity disorder [ADHD] was sitting in a school playground being nonresponsive to teachers. The boy forgot to take his medications that morning and was right next to a busy thoroughfare. Police were called. The dispatcher broadcast the school had “an out of control juvenile.” School authorities told police the […]
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