Plaintiff developed mesothelioma after being exposed to asbestos from brake and clutch repairs while operating services stations for 40 years. He brought an action against multiple defendants, alleging several causes of action. The matter proceeded to trial against Ford Motor Company only. A jury rendered a plaintiff’s verdict on negligence and product liability claims, and […]
Plaintiff Not Permitted To Voluntarily Dismiss To Avoid Adverse Decision.
Plaintiff’s opposition to a demurrer was filed late, and the court gave plaintiff two choices: (1) the court would strike the opposition and go ahead with the hearing; or (2) the court could continue the hearing and order plaintiff to pay any costs incurred as a result of the continuance plus attorney fees and have […]
Kids Burning Bridges Behind Them.
After admitting he smoked marijuana shortly before coming to school, a student was transferred to a continuation high school during his senior year. He sought a writ of administrative mandate in the superior court, which the court denied. On appeal, he contended Education Code section 48432.5 demands reasonable exhaustion of all other means of correction […]
Two Issues: Substantial Factor Analysis In Product Case And Whether There Should Be A Setoff Due To Potential For Future Settlements.
Plaintiffs’ decedent died from mesothelioma caused by asbestos exposure. After trial, a jury found defendant was ten percent (10%) responsible for plaintiffs’ damages. On appeal, defendant argued: (1) plaintiffs failed to introduce expert testimony that defendant’s asbestos alone (as opposed to acting in combination with others’ asbestos) constituted a substantial factor in the development of […]
Component Parts Doctrine.
In the underlying action, plaintiffs, husband and wife, asserted claims against defendants for injuries to husband allegedly resulting from his decades-long work as a mold maker and machine operator at a foundry. While employed, the husband worked with and around metals, plaster and minerals supplied by defendants. Plaintiffs’ complaint for negligence, negligence per se, strict liability, […]
Litigation Privilege Protects Lab From Erroneous Paternity Results.
A laboratory conducted DNA paternity testing for a county as part of a paternity proceeding in superior court against a man who is a plaintiff in the instant civil action for negligence against the lab. The results were wrong, and unknown to the family for years. The superior court dismissed the lawsuit against the lab […]
Statute Of Limitations In Employment Application Does Not Override FEHA Or Common Law That Otherwise Provides.
Plaintiff brought an action against her former employer alleging claims under the Fair Employment and Housing Act [Government Code section 12900; FEHA] and two nonstatutory claims. The employer moved for judgment on the pleadings based on plaintiff’s signed application for employment where she agreed that “any claim or lawsuit . . . must be filed […]
It Would Be Wise To Perform Under A Transfer Disclosure Statement [TDS] Yourself If You Want To Sue Under A Contract.
This case involves “mixed use” property, or property improved for both residential and commercial buildings. Plaintiff is the seller, who sued the buyer for breach of a real estate purchase agreement. The trial court granted summary judgment in favor of the buyer because the seller, as a matter of law, was required to deliver a […]
Mandatory Relief Denied To Plaintiff Whose Attorney Had Cancer, Missed The Trial And Later Died.
Plaintiff’s lawyer was properly noticed of the trial date, but miscalendared the date, and on the date of the trial, the court granted a judgment of $0 to the appearing defendant. Plaintiff’s counsel thereafter moved, pursuant to Code of Civil Procedure section 473(b), to set aside the judgment. The motion included a declaration explaining how […]
Trial Court Should Have Granted Domestic Violence Restraining Order.
Years after a domestic violence restraining order was granted during a divorce, the wife went back to court to request a permanent restraining order. The trial court concluded that “if nothing has happened in three years, I don’t see how there is reasonable apprehensions,” and relying on that comment as well as the holding in Ritchie v. […]
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