The trial court denied a party’s petition to compel arbitration after concluding the petition failed to present an actual controversy sufficiently ripe for adjudication. Here, the parties, both of whom are sophisticated business entities, agreed to a broadly worded arbitration provision that obligates them to arbitrate “[a]ny and all disputes, controversies or claims arising under […]
It’s A Sad Day When A Father Doesn’t Want To Support His Children.
The appellate court affirmed a trial court’s exercise of discretion to impute income to a father pursuant to Family Code § 4058(b). The appellate court also affirmed the trial court’s child support order because substantial evidence supports the trial court’s findings the father had the ability and opportunity to keep his job, that his termination […]
No Fiduciary Or Current Client Exception To The Attorney-Client Privilege.
In 2012, a law firm’s client wrote some nasty emails to the firm about the advice he was being given in a litigation matter. The lawyer within the firm who was handling the matter sought the advice of another lawyer within the firm about the dispute. A few years later, the client brought an action […]
Insured Entitled To Conditional Judgment Against Insurance Company.
Three days after an insurance company issued a property policy, burglars caused serious damage to the building by stripping all electrical and other conductive materials. The policy provided two different measures for reimbursing covered damages: the full cost of repairing the damages, so long the repairs were actually made, or the depreciated value of the […]
$18 Million Punitive Damages Award Upheld.
A jury awarded $30 million in compensatory damages and $18 million in punitive damages against Union Carbide in an asbestos/mesothelioma case. The trial court issued a remittitur, reducing the compensatory damages to $6 million, which plaintiffs accepted. But the trial court declined to reduce the punitive damages. The appellate court concluded the evidence was sufficient […]
“The Remedy Is Worse Than The Transvaginal Disease.” Francis Bacon.
Pelvic organ prolapse occurs when a woman has weak vaginal walls that allow adjoining organs, the uterus, the bladder, and/or the rectum, to drop into the vaginal canal. This condition can cause organ dysfunction, such as incontinence, pelvic pressure and pain. Pelvic organ prolapse can significantly impact a woman’s quality of life and, in severe […]
Employee Fired Because School Mistakenly Thought She Reported School To Licensing Agency.
A preschool mistakenly believed one of its employees contacted the state licensing agency regarding conditions at the preschool and the employee was terminated. The employee sued the preschool, and the trial court granted the preschool’s motion for summary judgment because the lawsuit alleged the employee’s termination was contrary to public policy, and that as a […]
Read The Policy.
The intoxicated driver who caused the accident which killed a man had insurance coverage of $15,000. The intoxicated driver’s employer had $250,000 coverage. The decedent’s widow collected that $265,000 in a settlement. Thereafter, the widow sought to collect $100,000 in underinsured motorist coverage under a motorcycle insurance policy issued to the decedent and the widow. […]
“Any Fool Can Make A Rule, And Any Fool Will Mind It.” Henry David Thoreau.
The parties involved with a foreclosure sale stipulated to the appointment of a temporary judge. Had California Rules of Court [CRC], rule 2.400 (b)(2) been followed by the parties, the result here would likely have been different. That rule requires that a temporary judge or referee must not accept or consider any copy of a […]
Defendants’ Appeal Dismissed After Violation Of Trial Court’s Orders Relating To Transfers Of Money.
After a large judgment in favor of plaintiffs in a fraud action, defendants appealed. The trial court had enjoined defendants and their agents from selling, spending, transferring or dissipating any part of their assets. When plaintiffs learned defendants violated the orders, they filed a motion to dismiss defendants’ appeal under the doctrine of disentitlement, identifying […]
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