Plaintiff brought an action against the manufacturers of a brand-name drug as well as its generic equivalent. The generic drug company demurred, citing PLIVA, Inc. v. Mensing (2011) 131 S.Ct. 2567, [180 L.Ed.2d 580], in which the United States Supreme Court held that claims a generic drug manufacturer should have included stronger warning labels than those […]
GPS: What’s A Hardworking Robber To Do In This Electronic Age?
A victim of a robbery had a smart phone in her stolen handbag. The police located the phone at a particular intersection by “pinging” the phone’s GPS system, which the victim and owner of the cell phone authorized the police to do. Defendant was arrested within 45 minutes of the robbery. He challenged the legality of […]
Riverisland Parol Evidence Holding Applied.
The parties entered into a restaurant lease agreement which contained an integration clause. When they did a walk-through, the lessor told the lessee “if anything was not working, he would fix it,” according to the lessee. There were significant problems with the equipment and plumbing and the restaurant closed after several months. The parties sued each […]
Under The Hospital Lien Act, Hospital Failed To Meet Its Burden Of Proof In Order To Collect On Its Lien.
Plaintiff suffered serious injuries in an accident and was taken to a hospital where he received treatment for seven days, incurring $34,320.86 in bills which he did not pay. A jury awarded plaintiff $356,587.92. Shortly after the verdict, a collection agency acting on behalf of the hospital sent the third party’s insurance company a lien under […]
Error To Grant New Trial In Lemon Law Case.
In a lemon law action, the trial court denied the truck manufacturer’s motion in limine to exclude evidence of a repair done after the expiration of the warranty. A jury awarded plaintiff restitution value for the vehicle, and the trial court granted a new trial after concluding it erred in denying the motion in limine. The […]
Surety Is Called To Answer For Its Guaranty.
A 2007 surety specifically excluded an asset from a continuing guaranty; the asset was a personal residence. The residence was sold in 2011 and the proceeds from the sale were held in a separate account. When the senior lender foreclosed in 2012, the surety failed to make good on his guaranty. The trial court denied […]
You’ve Got Termination E-Mail.
A probationary school nurse was notified of her termination by e-mail. Pursuant to Education Code section 44929.21, subdivision (b), the governing board of a school district must notify a probationary teacher on or before March 15 of the teacher’s second complete consecutive school year of employment of the decision to reelect or not reelect the teacher […]
Elder Abuse And Patient’s Bill Of Rights.
A 79-year-old patient in a licensed nursing home fell nine times in 35 days while getting out of bed to go to the bathroom. On the ninth occasion, nurses reached his room two minutes after the bed alarm went off. While one nurse was turning off the alarm and the other stood in the doorway, the patient […]
You Can’t Sue City Hall Under The California Tort Claims Act.
Owners of property obtained approval to build a living facility for senior citizens. Neighbors were successful in having the planning commission’s approval of the project overturned by the city council. The property owners sued the city and the five city council members who voted to reject the project for nearly $2 million in compensatory damages plus […]
BMW/Mini Arbitration Contract Permeated By Unconscionability.
A retail sales installment contract used to purchase an automobile that was one page, 8.5” wide and 26” long. There were numerous and extensive provisions on both sides. Plaintiffs were asked to sign, or initial, 12 places on the front side, but, no places on the back side. An arbitration clause was on the back side […]
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