In a wrongful death action against a skilled nursing facility, the jury found for the facility with regard to the health care issues. But the jury found for the daughter of the deceased on a health care records issues. It found the facility did not provide 1) “complete and accurate health records” and 2) “meaningful […]
But I Don’t Like Sports.
Cable television subscribers brought a class action for unfair competition based on rate hikes for carrying channels that broadcast Dodgers and Lakers games. In 2011, a cable television company paid the Lakers $3 billion for licensing rights to televise Lakers games for 20 years over two channels. Cable subscription rates rose by $5 a month. […]
Don’t Move Into A Home With A Homeowners Association, If You Don’t Like To Be Told What You Can Or Cannot Do.
A homeowners association [HOA] asked the court to issue a preliminary injunction requiring a homeowner to remedy an unauthorized modification to the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defendant contended hardwood floors were necessary in his unit because his wife is severely allergic to dust. […]
Motion To Be Relieved From Dismissal Entered As Terminating Sanction.
Plaintiff failed to respond to discovery requests, and was ordered by the trial court to respond. When she did not, the trial court dismissed her complaint as a terminating sanction. Later, she moved pursuant to Code of Civil Procedure section 473(b), for relief, and the trial court denied the motion. On appeal, the appellate court […]
Second Place Bidder States Cause Of Action For Intentional Interference With Prospective Economic Advantage.
Two companies sued defendant for intentional interference with prospective economic advantage, alleging defendant submitted lowest bids by paying workers less than the statutorily required prevailing wage as required by Labor Code sections 1770 and 1771. During a three-year period, defendant outbid plaintiffs on 23 public works projects totaling more than $14.6 million. Citing Korea Supply […]
Doctor’s Opinion Not Speculative.
A jury found a medical center failed to timely diagnose breast cancer in plaintiffs’ family member, resulting in her death in 2010. Plaintiffs’ expert testified that to a reasonable degree of medical probability, decedent would have survived ten years had she been treated early, even if she had stage 4 cancer in 2007. The jury […]
Posttrial Award Of Expert Fees Under Civ.Proc. § 998.
Prior to trial, and pursuant to Code of Civil Procedure section 998, plaintiff offered to allow judgment to be entered in its favor and against defendant for $665,818. Defendant did not respond to the offer and plaintiff recovered $945,947 at trial. Defendant argued on appeal that the award of expert witness fees by the trial court […]
Health Club Release From Liability In Plaintiff’s Membership Agreement Valid.
A clip failed on a rowing machine at a 24 Hour Fitness, resulting in severe injury to plaintiff. Plaintiff had signed a release, agreeing the facility was not responsible for injuries, even if they occurred as a result of its own negligence. The trial court granted 24 Hour Fitness’s motion for summary judgment. On appeal, […]
Previously we reported: After-Acquired Evidence Docrine Inapplicable.
Plaintiff, an African American, twice applied to become a union organizer, but both times the position was filled by white men. He filed a discrimination complaint with the Department of Fair Employment and Housing, and received a right to sue letter. He then filed an employment discrimination action. During discovery, he admitted he had been […]
Cyber-Bullying Is Basis Of Defamation Claim.
A pastor and his wife brought suit alleging a cyber-bullying “hate campaign” against one of the church attendees who “began a discussion about [the pastor] on an internet forum” and also against one of the pastor’s sons who joined the church attendee in posting unflattering remarks about the pastor. The remarks included statements about child […]
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