The parties own contiguous pieces of property with a common boundary of approximately 1,300 feet. Plaintiff’s fence does not run all the way to the boundary line, and defendant’s almond orchard encroaches on a portion of plaintiff’s property. Defendant contended the fence established the boundary under the doctrine of “boundary by agreement.” The trial court […]
No Fourth Amendment Violation For Seizing Truck.
Plaintiff was stopped by the police while driving his truck to a job site. He was arrested for driving without a license in an unregistered vehicle, and the police contacted a towing company to tow the truck away. Plaintiff sued the towing company for wrongfully withholding his 1998 Dodge light truck for 38 days until […]
Dismissing Elder Abuse Case Costly.
Plaintiff sued under the Elder Protection Act [Welfare and Institutions Code §15600 et seq.]. Defendant hospital served an offer to compromise under CCP §998 offering “to waive costs and to refrain from pursuing a claim for malicious prosecution” if the suit were dismissed with prejudice. The offer expired, but during jury selection, plaintiff did dismiss […]
Defense Lawyer’s Final Argument Egregious But Not Prejudicial.
During her final argument in a product liability case involving severe physical injuries to the child plaintiff undergoing a tonsillectomy with the use of an electrocautery device, defense counsel included the following statements: “[Plaintiff] has crafted a case to fit what he wants. He’s crafted it. Why? I think you know. I think you’ve all […]
Howell V. Hamilton Meats Concept Extended To Workers Compensation Lien.
Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541, [257 P.3d 1130; 129 Cal.Rptr.3d 325], held an injured person’s recovery of past medical expenses as economic damages was limited to the discounted amount that the medical providers accepted as payment in full from the injured person’s private health insurance carrier. This appellate panel concluded […]
Can’t Slapp A Hospital Peer Review Committee.
Doctor sued hospital for retaliation and discrimination after it terminated his contract. The hospital successfully filed an anti-SLAPP motion [CCP §425.16]. The appellate court affirmed, finding the hospital’s peer review proceedings qualified as protected activity under the statute. Nesson v. Northern Inyo County Local Hospital District (Cal. App. Fourth Dist., Div. 2; March 6, 2012) […]
School District Shouldn’t Keep Secrets.
On May 10, a school district denied a claim made regarding a six-year old, but when it mailed notice of the denial on June 9, it did not include the date the claim was denied. When the plaintiff petitioned under Government Code § 946.6 to file a late claim on December 3, a petition which […]
Physician-Patient Privilege Does Not Apply To Nurses.
The court issued an injunction under C.C.P. §527.6 after a nurse reported to the police a neighbor of the petitioner said she made a will and funeral arrangements because she planned to kill her neighbor [petitioner] and then herself. On appeal, the enjoined person argued the only evidence of a credible threat was hearsay protected […]
Doctor Not Liable For Report To DMV About Epileptic Man.
Man caused serious injuries to others when, due to an epileptic seizure, he lost consciousness while driving. Injured people sued the man as well as the man’s doctor who informed the DMV that “everything is good,” resulting in the restoration of the man’s driver’s license. The trial court granted the doctor’s motion for summary judgment […]
Sometimes Okay To Allege Punitive Damages Against Kaiser.
A Kaiser Foundation Hospital refused to perform an MRI despite the recommendation of the patient’s chiropractor, two acupuncturists and Kaiser’s own physical therapy department. After denying approval for the procedure for three months, it was finally performed and revealed “one of the fastest growing types of osteosarcoma.” Surgery resulted in loss of the patient’s right […]
- « Previous Page
- 1
- …
- 99
- 100
- 101
- 102
- 103
- …
- 105
- Next Page »