An employee of a gas facility dropped a propane tank on a truck driver as he was removing the tank from the truck driver’s truck. The facility settled with the truck driver for his injuries and then cross-complained against the motor carrier who had hired the truck driver’s company to carry the tanks. After a […]
Presumed Father In The Modern Family.
The biological father of a four-year-old was 45 years old when he met the child’s mother, who was 19 at the time. The biological father had an extensive criminal history and the mother had just been released from jail when she moved in with him. At his request, the mother began prostituting herself. After the […]
Woman To Be Thrown Out Of U.S. For Using False Social Security Number.
A woman who is a native and citizen of Mexico petitioned to cancel the order to remove her from this country after she used a false Social Security number. She argued her intention was not nefarious and that she used the number only to obtain employment. The Ninth Circuit denied her petition, pointing out that […]
Quitclaim Deed To Caregiver Was A Donative Transfer.
A husband and wife had a caretaker. After the wife died, the husband quitclaimed a house to the caretaker. The couple’s daughter brought action against the caretaker, contending the quitclaim deed was invalid. In her deposition, the caretaker admitted the only consideration she gave for the quitclaim consisted of one dollar and her friendship. She […]
$18 Million Punitive Damages Award Affirmed On Appeal.
In an asbestos case, wherein a worker developed mesothelioma, and his wife suffered a loss of consortium, a jury awarded $30 million in compensatory damages, after finding defendant 65 percent at fault, and awarded $18 million in punitive damages. The plaintiffs accepted the trial court’s remittitur with regard to reducing the compensatory damages to $6 […]
Federal Court’s Resolution Of Mesothelioma Case Wrong Under California Law.
Plaintiff worked for decades in Navy shipyards. He died from mesothelioma six months after he sued 17 asbestos manufacturers in a California state court. His children were substituted as plaintiffs in a survivor action. The children brought another action against six more defendants in a federal court in California. That federal action was transferred to […]
Clerk Of The Court To Execute Escrow Documents.
After the parties agreed to a property purchase, the seller/defendant refused to complete the sale and returned the money the buyer/plaintiff placed in escrow. The buyer brought this action for specific performance. The parties thereafter settled the matter, but once again the seller failed to comply by withholding signature from necessary documents. The trial court […]
Rent Control.
A landlord converted a rent-controlled apartment building to condominiums, obtained a new certificate of occupancy in 2009 based on the change in use, and raised the rent. When a tenant objected, the landlord sought a declaration from the court that the unit was exempt from local rent control ordinances under the Costa-Hawkins Rental Housing Act […]
Statement Of Damages Served After BK Stay Lifted.
Instead of answering a medical malpractice complaint, a plastic surgeon filed bankruptcy. The plaintiff was granted relief by the bankruptcy court to proceed against the debtor “so long as recovery against debtor is limited to available insurance proceeds.” Plaintiff then served defendant’s insurer with a notice of default hearing, accompanied by a statement of damages […]
Trial Court Properly Denied Anti-SLAPP Motion Of Lawyers.
Two lawyers represented a man injured in a vehicular collision in the underlying action. The defendant in that action was in the course and scope of his business and was insured. The plaintiff and defendant in the underlying action agreed to settle their dispute for policy limits of $100,000. The plaintiff in the current action […]
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