A California resident owned an apartment building in Arkansas that was insured by a Michigan insurance company under a policy the owner obtained through an insurance agent in Arkansas. After fires damaged the building in Arkansas and the owner was not happy with the insurer’s payout, the owner sued the insurance company in California state […]
Release Enforced.
As her parents watched, a 17-year-old died when the horse she was riding in a competition stumbled, threw her off and then fell on top of her. A release, signed by the rider and the rider’s mother, states they all agreed to hold the trainer/coach “completely harmless and not liable and release [Trainer] from all […]
Summary Judgment Reversed In Truck Roll-Over Action.
Two men were driving a tractor-trailer across the country. One was driving while the other slept in a berth when the vehicle rolled over. The man who was sleeping is the plaintiff here. Plaintiff sued the owners of the tractor and the owners of the trailer for negligence. The court granted summary judgment in favor […]
New Trial Ordered In Negligence Case.
Plaintiff, who is a doctor himself, suffered a strike while driving home from the hospital. A police officer at the scene did not immediately call an ambulance because she deduced from his slurred speech, disorientation and vomiting, that he was intoxicated, and, after a struggle, placed him in handcuffs. An ambulance arrived and left. A […]
Errors All Over The Place, Particularly In Grant Of Motions In Limine As Substitutes For Statutory Motions.
In an insurance coverage dispute, the trial court granted defendant’s motions in limine as substitutes for statutory motion of summary adjudication under Code of Civil Procedure section 437c, on the issue of the duty to defend, and on the statutory motion of nonsuit under Code of Civil Procedure section 581c, with regard to offset after […]
Rent Control Carries On To The Next Generation.
San Francisco’s rent control ordinance limits rent increases to tenants in occupancy. In this case, the son of parents who years ago rented a unit in the landlord’s building and who, along with his parents, was an original occupant, remained in the unit after his parents left it. At that point, the landlord attempted to […]
Employee Must Attend Arbitration, Even If Terms Unknown.
The trial court denied an employer’s petition to compel arbitration of an action against it by a former employee. At the time the employee was hired, she completed an employment application containing an arbitration clause, which incorporated reference to an arbitration policy. The trial court was not persuaded that an undated four-page policy attached to defendant’s […]
Trial Court Abused Discretion In Failing To Set Aside Default.
Plaintiff was unsuccessful at personally serving defendant and obtained the court’s permission to serve by publication. Defendant claims it first learned of the lawsuit and the default judgment of $372,403.81 after it received a lien notice from the county with the abstract of judgment attached. On appeal, defendant contended the trial court erred in denying […]
Fees/Costs Order Reversed In Public Records Act Request.
After a child was rendered permanently disabled following an accident that occurred when she was in a crosswalk, her family hired counsel. Under the Public Records Act [Government Code section 6250, et seq.; PRA], counsel requested all evidence including photos, reports, audio logs, handwritten notes, surveys, complaint letters and emails with respect to the accident. When […]
Abandoned Alien Child.
An abandoned, neglected or abused child who is not a citizen of the USA may be found to be a special immigrant juvenile [SIJ] which may serve as a first step in filing for citizenship in the USA. (8 U.S.C. § 1101 (a)(27)(J)). These children no longer need be under foster care, as was previously […]
- « Previous Page
- 1
- …
- 15
- 16
- 17
- 18
- 19
- …
- 105
- Next Page »