Plaintiffs are four homeless persons who are Living-In-Car contend a city ordinance is unconstitutional. In 1983, the City of Los Angeles enacted an ordinance, Municipal Code section 85.02: “No person shall use a vehicle parked or standing upon any City street, or upon any parking lot owned by the City of Los Angeles and under the […]
Not A Matter Of Trying To Shoot The Messenger–No Anti-SLAPP Protection.
Plaintiff suffered complete blindness after taking Lamotrigine [Lamictal]. She and her husband brought an action against the doctor who prescribed the drug, the drug’s manufacturer and the drug store where she purchased it. She also sued the company which produced the drug information pamphlet, known as a monograph, which gave a consumer-language summary of information […]
Judgment For Fraud Reversed…Lack Of Reliance.
A trustee brought an action against various persons and investment companies when the trust’s fund lost significant value in 2008. A jury awarded $4,640,380. In a lengthy opinion, the appellate court affirmed the judgment as to a breach of fiduciary duty against those defendants who are investment advisors, but reversed on the actual and constructive […]
Jury Awarded Lawyer $5,000/Hour For Attorney Fees.
An attorney, who represented a client in two divorce cases and a related Marvin action [Marvin v. Marvin (1976) 18 Cal.3d 660, [557 P.2d 106, 134 Cal.Rptr. 815]] without a statutorily required written hourly or contingency fee agreement, sued his client for the reasonable value of the services he rendered in the three cases. The jury, […]
Lawyer Personally Responsible For Law Corporation ’s Debt.
A law corporation obtained a business line of credit from a bank in 1997. The law corporation defaulted on the loan in 2008. The bank brought an action against the law corporation and obtained a judgment against the law corporation. The bank later asked the trial court to add the lawyer as a judgment debtor, […]
Another Arbitration Provision Found Unconscionable.
Defendants brought a petition to compel arbitration based on the following provision in their written agreement with plaintiffs: “If a dispute arises between Home Defender Center and Client regarding Home Defender Center’s actions under this agreement and Client files suit in any court other than small claims court, Home Defender Center will have the right […]
Action Against Social Host Parents For Wrongful Death Of 17-Year-Old Sleepover Guest.
After the parents of a 16-year-old went to bed, a 17-year-old sleepover guest obtained vodka from the parents’ bar and consumed 15 shots. She vomited and passed out. The 16-year-old propped her friend’s head against the toilet, closed the bathroom door and went to bed. The girl was pronounced dead the next day. The decedent’s […]
New Trial Because Court Permitted Irrelevant Evidence Of Decedent’s Marijuana Use.
A man was standing near his car after a freeway accident when he was struck and killed by a police car. The trial court concluded evidence of the decedent’s marijuana use was relevant to assess any fault attributable to him in his minor daughter’s wrongful death case. A jury apportioned fault of 14 percent against […]
Nonsuit Reversed In Breach Of Implied Warranty Of Merchantability Suit.
Plaintiff brought an action against a car manufacturer for breach of implied warranty of merchantability under Civil Code section 1792. The trial court granted the manufacturer’s nonsuit on the grounds that no reasonable jury could conclude a new vehicle sunroof that spontaneously opens and closes while driving constitutes a safety hazard in violation of the […]
California Evidence Code Privilege Statutes Apply In Workers’ Compensation Proceedings.
At some point in a workers’ compensation proceeding, the injured worker noticed the deposition of the claims adjuster and requested unprivileged documents. The employer produced a privilege log, identifying certain documents contained in the claims file as exempt from disclosure under “one or more privileges recognized by California Evidence Code.” At the claims adjuster’s deposition, […]
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