Plaintiff was injured by an uninsured motorist, and made a claim under his $250,000 uninsured motorist coverage. His insurer demanded arbitration. After an arbitrator awarded plaintiff $164,120.91, plaintiff filed a complaint against his insurance company for breach of the implied covenant of good faith and fair dealing by forcing him to arbitrate his claim without fairly […]
Apartment House Owner Entitled To Credit For Free Rent Given To Resident Manager As Against Manager’s Claim For Minimum Wage.
Plaintiff and defendant entered into a written agreement whereby plaintiff would work as a resident manager of an apartment complex and receive free rent, $100 per month toward utilities, one telephone line and an internet high speed connection. Plaintiff thereafter brought a claim before the Labor Commissioner against defendant for not paying her a minimum […]
Exercise Can Be Rewarding.
An off-duty correctional officer was injured while doing jumping jacks exercise at home, and filed a worker’s compensation claim. Labor Code section 3600(a)(9), forecloses work comp coverage for an injury that arises out of “voluntary participation in any off-duty recreational, social, or athletic activity not constituting part of the employee’s work-related duties, except where these […]
Plaintiff Allowed 128.7’s Safe Harbor Period To Come And Go Against Real Estate Agent, And The Court Ordered Her And Her Lawyer To Pay $60,000 In Defense Attorney Fees.
Plaintiff purchased a home from defendants. Two years later, plaintiff brought an action against defendants and their real estate agent to recover damages for their failure to disclose defective subfloors in the home. The real estate agent moved for terminating and monetary sanctions against plaintiff and her counsel pursuant to Code of Civil Procedure section […]
Protect Public School Students From Bullying At School.
An elementary school boy who is not a native English speaker, and has been diagnosed with a number of emotional disabilities including bipolar disorder, depression, attention deficit disorder and posttraumatic stress disorder, allegedly was forcibly restrained by other students, beaten, kicked, and forced to endure derogatory comments, epithets and ethnic slurs. The Legislature has imposed […]
Too Late To Sue For Patent Defects.
In 1993, the Los Angeles County Metropolitan Transportation Authority (MTA) completed the rail station at 4th Street and Hill Street in Los Angeles. In 2011, plaintiff fell on a stairwell at the station. Alleging that the stairwell was “too small” and that its banister was “too low,” plaintiff sued the MTA. The MTA cross-complained against, […]
Passage Of Time Not Enough To Demonstrate Constructive Notice Of A Dangerous Condition Of Public Property.
After a man tripped and fell on the protruding base of a post on public property, he filed an action against a city. The trial court granted summary judgment in favor of the city after finding the city lacked constructive notice of a dangerous condition. On appeal, plaintiff contended that based solely on the length […]
Junction Of Civil Procedure Statutes In Expert Exchange Context.
The trial court precluded plaintiff’s use of expert witnesses in a medical malpractice case on the ground plaintiffs unreasonably failed to timely disclose their designated trial experts after receiving a statutory demand from defendants. The initial trial date was February 14, 2012. Defendants served their demand for expert exchange on December 6, 2011 [70 days […]
Court Erred In Granting Summary Adjudication On Liability Alone.
After several years, one party to a contract decided it became economically infeasible to continue supplying its product at the contract price. When negotiations to resolve the issue failed, the other party filed suit and then moved for summary adjudication on the issue of liability for breach of contract, but not on the issue of […]
Not A Matter Of Trying To Shoot The Messenger–No Anti-SLAPP Protection.
Plaintiff suffered complete blindness after taking Lamotrigine [Lamictal]. She and her husband brought an action against the doctor who prescribed the drug, the drug’s manufacturer and the drug store where she purchased it. She also sued the company which produced the drug information pamphlet, known as a monograph, which gave a consumer-language summary of information […]
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