Respondent/defendant borrowed money to deposit with the trial court in lieu of securing an appeal bond. After being successful on appeal, it recovered more than $200,000 for interest paid on the borrowed funds as a cost of appeal. Those costs were included in an amended judgment from which the current appeal was taken. Despite the fact […]
I Can’t Believe It’s Not Butter.
Plaintiff brought an action against a food manufacturer and a grocery chain for product mislabeling in violation of California Milk and Milk Products Act of 1947 [Food & Agricultural Code section 32501; MMPA] alleging products called “spreadable” butter are not butter. Defendants contend the action is preempted by federal food labeling standards. The trial court found […]
Arbitration Award Tossed For Appearance Of Arbitrator Partiality.
After an adverse arbitration award in a legal malpractice action, the losing party plaintiff searched the internet for evidence of bias on the part of the arbitrator. She found a link to the arbitrator’s resume, which listed a named partner in the defendant’s law firm as a reference. The trial judge denied a petition to vacate […]
Court May Defer Sending Fire Claim For An Appraisal.
In a class action brought by victims of fire losses, plaintiffs contend the insurance company followed illegal adjusting practices contrary to Insurance Code section 2051, subsection (b), which permits “reasonable deduction for physical depreciation based upon its condition at the time of injury.” As examples, they submitted claims for a 10-year-old set of lead crystal longchamp […]
Offset For Economic and Noneconomic Damages In Medical Malpractice Case.
When the plaintiff regained consciousness after surgery to stop nose bleeds, he was blind in one eye. He brought an action against the manufacturer of a device used in the surgery, against the hospital where the surgery was performed and against the doctor who performed the surgery. Plaintiff settled with the manufacturer for $2 million and with […]
Insurance Company May Stop Paying For Cumis Counsel After Withdrawing Its Reservation Of Rights.
The trial court granted summary judgment to an insurance company after determining it did not breach its insurance contract with its insured by refusing to pay any attorney fees incurred by the insured’s Cumis Counsel [San Diego Federal Credit Union v. Cumis Ins. Society, Inc. (1984) 162 Cal.App.3d 358, [208 Cal.Rptr. 494, (Cumis)], after the company […]
Arbitration Agreement Lacking Specific Provisions About How Arbitration Will Be Conducted Found To Be Enforceable.
A trial court denied a petition to compel arbitration, finding there was no valid arbitration agreement because there was no specification about what agency or person would conduct it or how the arbitrator would be selected. The appellate court reversed, stating “because the court has the power to appoint an arbitrator under [Code of Civil Procedure] […]
Home Was Sold While In Compliance With Mortgage Modification Plan; Demurrer Should Not Have Been Sustained.
In 2006, plaintiff refinanced her home and executed a promissory note secured by the deed of trust. The deed of trust was later assigned to defendants. A notice of default and election to sell under the deed of trust were executed and recorded. After negotiations, defendant offered plaintiff a modification plan which required her to make […]
A Judgment Debtor Uncooperative? How Unusual.
A judgment debtor doesn’t answer most of the questions and won’t produce the requesteddocuments. Sound familiar? The trial court ordered compliance and the judgment debtor appealed. The creditor convinced the trial court the order was not appealable under Code of Civil Procedure section 904.1, and the trial court set an order to show cause re […]
Watch Out For That….Ugh….Immunity.
A deputy sheriff pulled over a motorist for a traffic violation. As part of the traffic stop, the officer opened his driver side door to exit his police vehicle. As he opened his door, a motorcyclist, who had seen the patrol car’s overhead lights two or three blocks earlier, collided with the door of the patrol car. Under […]
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