Appellant is one of two truck drivers paid a lump sum for a cross-country haul. While appellant was sleeping, the other driver was in a one-vehicle accident, and the truck company refused to pay the lump sum because he did not finish the trip. The company also informed him he was not eligible for worker’s […]
Parents May Limit Court’s Jurisdiction In Adult Child Support Order, But They Didn’t Limit It Here.
When a couple divorced in 2001, they reached an agreement to equally split the future college expenses for their three minor children. Eleven years later, their daughter began incurring significant expenses, but by then the [former] wife was disabled and had an income of less than $23,000/year; whereas, the [former] husband’s income was over $400,000. […]
Time For Appealing Issuance Of A Domestic Violence Restraining Order.
In the midst of a divorce, the court ordered a domestic violence restraining order against the husband and in favor of the wife. Both the husband and his lawyer were in the courtroom when it was ordered. Neither the wife nor the court clerk served a document entitled “Notice of Entry” of the restraining order or a […]
Seller’s Salesperson Has A Fiduciary Duty To Buyer In Real Estate Transaction.
A broker represented both the buyer and the seller in a real property transaction through two different salespersons. A building permit lists the total square footage of a residence as 11,050 square feet, but the real estate listing stated the home “offers approximately 15,000 square feet of living areas.” Buyers made an offer and asked […]
After Three Appeals To Collect Breach Of Contract Judgment, Sureties Pay.
Plaintiff obtained a judgment against defendants based upon breach of contract, and defendants appealed, obtaining a stay of execution by posting an undertaking. Later, they asked the appellate court to dismiss their appeal, but they failed to pay the judgment. Plaintiff made a motion in the trial court to enforce the undertaking, and the trial […]
County Failed To Prove Design Immunity.
A jury found plaintiff was injured as a result of a dangerous condition of public property, but also concluded the county was immune based on design immunity and returned a defense verdict. On appeal, the court noted that design immunity is an affirmative defense that must be plead and proved, and that, while “numerous witnesses […]
Denial Of Arbitration In Class Action Against DIRECTV.
Plaintiff brought a class action lawsuit against DIRECTV. The trial judge denied defendant’s petition to compel arbitration. The relevant arbitration provision is contained in section 9 of DIRECTV’s 2007 customer agreement. Section 9 provides that “any legal or equitable claim relating to this Agreement, any addendum, or your Service” will first be addressed through an […]
“A Nation Of Sheep Will Beget A Government Of Wolves,” Edward R. Murrow.
A superior court refused to provide prompt access to newly filed unlimited civil complaints, making a news service wait days or weeks until the documents are fully processed. The news service brought an action for declaratory relief in federal court, and the trial judge declined to decide the matter because it implicates sensitive state interests. […]
Not-So-Brave D&D Free New World We Live In!!
This is the situation: A woman, later the criminal defendant, apparently upset with another woman for being the successful bidder on a home defendant wanted to buy, impersonated the other woman, later the victim, by advertising online for sexual partners and “invited men who responded to the advertisement to appear at the victim’s home unannounced […]
Grant Of Summary Judgment Reversed Because Trial Court Erred In Not Admitting Plaintiff’s Causation Testimony.
Plaintiff was treated with the drug Zometa for several months after a diagnosis of breast cancer and chemotherapy. She was thereafter treated for osteonecrosis of the jaw by two oral specialists. Following the dental treatment, plaintiff brought an action against the manufacturer of Zometa, and in that pursuit offered the testimony of an expert on […]
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