Plaintiff was injured by a weight dropped by defendant, her teammate on the UCLA swim team, during a mandatory team workout session intended to strengthen the swimmers. Plaintiff filed an action alleging negligence against defendant, who successfully moved for summary judgment on the basis of the doctrine of primary assumption of the risk. Plaintiff argues primary […]
Appellate Court Affirmed Summary Judgment Based Upon Different Grounds Than Trial Court.
A petitioner brought an action seeking to invalidate amendments to a survivor’s trust. The defendants’ answer alleged the claims were barred by statutes of limitation, res judicata and laches. The trial court granted summary judgment based upon collateral estoppel and statutes of limitation, and never reached the issue of laches. The appellate court affirmed the judgment, […]
Zip Codes At Gas Pumps.
Plaintiffs filed a class action for violation of the Song-Beverly Credit Card Act of 1971 [Civil Code section 1747.08], alleging Chevron violates the Act by sometimes requiring customers to provide their ZIP codes when buying gasoline with credit cards. The trial court granted summary judgment to Chevron and the appellate court affirmed, stating: “The undisputed facts […]
Special Motion To Strike Denied In Defamation Action.
The court appointed a reunification counselor in a custody dispute. The counselor concluded the father was emotionally and psychologically abusing the child by indoctrinating him to believe his mother was evil and never loved him and that the mother had kidnapped the child’s younger brother and was holding him hostage. The court removed the child from […]
No Legal Duty On Part Of Supplier Of Pacemaker.
In a wrongful death action, the family of the decedent brought an action against the supplier of a pacemaker. During the implantation of the pacemaker, at which the pacemaker sales person was present, the decedent’s right atrium and ascending aorta were perforated and she died shortly after surgery. The trial court granted summary judgment. The appellate […]
Law Firm Should Not Have Been Disqualified.
The introductory paragraph to the opinion speaks for itself: “The trial court disqualified a law firm from simultaneously representing a limited liability company, its managing member (a partnership), and the person who managed that partnership (who was not himself a member of the company) in a lawsuit against two of the company’s minority members. The court […]
Homeowners Gone Wild Inside Of A Limited Liability Company.
Homeowners in a homeowners association transferred title to themselves as trustees for a family trust. Thereafter they submitted architectural plans to remodel the house, which were submitted to the HOA, and resulted in a dispute. The HOA denied the access to HOA’s board meetings to the lawyer for the trust because the HOA’s lawyer was of […]
California Coastal Commission Turf And Surf Battle.
A development includes 125 luxury homes on an oceanfront slope situated between a newly created public park at the top of the slope and a newly dedicated public beach at the bottom, with public access trails running through the residential portion. As the project neared completion, the city adopted an ordinance limiting hours of operation for […]
Plaintiff’s Fourth Appeal Relative To The Placement Of Light Poles.
Plaintiff was injured when the car in which she was riding collided with another car in an intersection and then hit a light pole, erected 18 inches from the curb, and owned by a utility company. In the first two appeals, the appellate court affirmed summary judgment in favor of a county and a city. In […]
Insured Entitled To Have Independent Counsel Representation.
Plaintiff hired a contractor to design and build a residence, and later brought an action against the contractor for breach of contract and several other causes of action. The contractor tendered its defense to its insurance company, which company appointed counsel and defended subject to a reservation of rights. The insurer filed a separate declaratory relief […]
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