In a lawsuit involving a rare lung disease allegedly caused by a toxic workplace substance, one of the elements of damages was the cost of a future lung transplant. In a motion in limine, the plaintiff sought an order prohibiting the defense from mentioning he was an undocumented immigrant. The defense argued that since plaintiff might […]
No Respondeat Superior For Acts Of Independent Contractor.
A production company hired a medical doctor as its performer’s personal physician for a concert tour. The performer died of acute intoxication by drug while under the doctor’s care. The performer’s family sued the production company for negligent hiring, retention and supervision of the doctor. The trial court granted summary adjudication for negligence and respondeat […]
Limitations Of Psychotherapist/Patient Privilege.
A criminal defendant’s step-daughter told her mother defendant had been sexually abusing her for a number of years. After police contacted defendant, he threatened suicide and was admitted to a psychiatric hospital pursuant to Welfare and Institution Code section 5150, for a 72-hour hold. During that hospitalization, defendant told a doctor and a nurse about […]
City Council Gone Wild.
A long-established restaurant sits in a trendy marina area that includes a number of restaurants, bars, residences and condominiums. A City’s planning commission voted to approve the restaurant’s conditional use permit to allow it to have a patio cover and remain open until 2:00 a.m. on weekends with dancing inside the restaurant. The idea was […]
The Fall Of The Musician.
A professional musician who was injured after he fell from a stage at a country club brought an action against the club for negligence. The stage, owned by the club and put together by the club on the day of the performance, consisted of four rows, known as risers, each approximately two feet high and […]
“If I’d Observed All The Rules, I’d Never Have Got Anywhere,” Marilyn Monroe.
With regard to the purchase of additional land by a country club, members were given the option of paying a lump sum or making payments over a period of years. After some time, there was a dispute over the club’s treatment of that obligation vis-à-vis new members. Four members brought suit against the club, and […]
Attorney Fees: Is A Bird In The Hand Worth Two In The Bush?
Creditor spent years trying to collect a judgment from a guarantor/debtor. Around the time the creditor started to see a light at the end of the tunnel, the debtor’s lawyer walked into the office of the creditor’s lawyer late on a Friday afternoon with a cashier’s check for almost $13 million, covering the entire judgment […]
Motion For New Trial Procedure Muddier Than Ever.
After turning down defendant’s offer pursuant to Code of Civil Procedure section 998 of $200,000, a jury awarded $73,450 to plaintiff while assessing 40 percent fault to plaintiff. Plaintiff was then left with a total of $44,070. The court entered judgment on the jury’s verdict, but the clerk did not serve notice of entry of […]
“The Cost Of Living Has Gone Up Another Dollar A Quart.”– W.C. Fields.
An arbitrator with the American Arbitration Association [AAA], a practicing lawyer, in an action involving alleged fraud in the purchase of condominiums did not disclose his own involvement in the field of litigation financing for investment purposes. AAA denied requests to disqualify him, but a federal district court judge granted a motion to disqualify the […]
“Most American Children Suffer Too Much Mother And Too Little Presumed Father,” Gloria Steinem.
By statute, a person is presumed to be the natural father of a child if he shows by a preponderance of the evidence that he received the child into his home and openly held the child out as his own. [Fam.Code § 7612 (a).] Here, the mother conceived the child through artificial insemination by an […]
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