In attempting to reclaim real property in Iran abandoned after the overthrow of the Shah in 1978, the parents of plaintiffs executed powers of attorney for a friend and attorney in Iran to pursue legal proceedings in that country. Years later, plaintiffs realized two of the attorneys in fact in Iran had quitclaimed some of […]
Reasonable Accommodation Does Not Require Elimination Of Essential Job Function.
Plaintiff injured his knee at work in 2003 and thereafter underwent several surgeries and procedures, and was placed on light duty. The employer, a public entity, had an accommodations committee which offered plaintiff either a lateral job move or a demotion to assume a lesser job, neither of which appealed to plaintiff. As negotiations continued, […]
Read The Disposition In An Appellate Opinion.
A matter came to the appellate court several months ago, and the opinion reversed the trial court’s grant of a nonsuit against one plaintiff and also reversed the judgment “in all other respects.” Afterward, one of the parties began executing on another party to collect on the underlying order for costs. In the current appeal, […]
“Electricity Is Just Organized Lightening.” — George Carlin.
In a jury trial, a jury awarded $1,050,000 in compensatory damages and $3,000,000 in punitive damages against an electric company and in favor of plaintiff on her claims for IIED, negligence and nuisance, based upon her contentions the company failed to control its electrical substation next door to plaintiff’s house. She said the company allowed […]
Trial Court Erred In Not Holding Evidentiary Hearing In Motion To Compel Arbitration.
In an action alleging investment mismanagement, defendants petitioned the court to compel arbitration. In opposition, plaintiffs argued, and supported their arguments with declarations, they were never provided with any agreements containing arbitration provisions, and what agreements they did enter were void for fraud in execution. The trial court ordered the case into arbitration, and plaintiffs […]
NCAA’s Dirty Laundry To Be Aired In Public.
A former assistant football coach at the University of Southern California sued the National Collegiate Athletic Association [NCAA] for breach of contract, defamation and other torts after the NCAA issued its report on infractions about whether or not a running back named Reggie Bush received improper benefits while a student. The NCAA filed a motion […]
Disentitlement Doctrine Results In Dismissal Of Appeal For Refusing To Follow Court’s Orders.
In a dispute over a family trust, the trial court ordered defendant to do certain things. Instead of filing an accounting or quitclaiming certain property to the other party as ordered, defendant did not file the accounting and quitclaimed the property to her daughter instead of to the person she was ordered to quitclaim it, […]
Trial Court Erred In Excluding Expert Opinion Testimony.
An excess insurance carrier covering Costco sued a tire manufacturer and its insurance carrier to recover sums the excess carrier expended in settlement of a personal injury claim resulting from tire defects. Both Costco and the tire manufacturer settled with the plaintiff in the underlying case. In a motion in limine in the present case, […]
Another Limitation Of The Attorney-Client Privilege.
This case involves an intersection between two rules involving the attorney-client privilege. One rule is that in a lawsuit between an attorney and a client based on an alleged breach of a duty arising from the attorney-client relationship, attorney-client communications relevant to the breach are not protected by the attorney-client privilege. Another rule is when […]
Summary Judgment Reversed.
Plaintiff lived in a State-owned rental unit on the grounds of San Quentin prison, and he walked from his residence to the prison building where he worked. One day, a concrete step on a staircase collapsed underneath him and he suffered injuries in a fall. He filed a lawsuit and the trial court granted the […]
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