Plaintiffs’ 83-year-old mother was not referred to a vascular surgeon over a two-year period during which her diminishing vascular flow worsened without treatment. She developed gangrene and her leg was amputated. Seven months later, she died. Defendants contend they cannot be liable for elder abuse because they treated decedent as an outpatient, and liability for elder […]
When There Is A Fee Waiver, Superior Court Cannot Require Posting Of Jury Fees.
In an unlawful detainer action, the trial court found that defendant had waived a jury trial because no jury fees had been posted, despite the fact the superior court had previously granted a fee waiver. A court trial was held, and judgment was entered for the plaintiff. On appeal to the appellate division of the superior […]
Use Of Declaration In Limited Jurisdiction Court Abuse Of Discretion.
The only evidence admitted by plaintiff bank in a limited jurisdiction action for breach of contract and common counts was a declaration admitted pursuant to Code of Civil Procedure section 98. Judgment of $7,788.30 was entered for plaintiff. The declaration included a statement that the declarant was available for 20 days prior to trial for service […]
Award For Overtime Pay Upheld At Safeway Supermarkets.
After plaintiff was terminated by a grocery chain store, she brought an action to recover unpaid overtime pay because she regularly spent more than 50 percent of her work hours doing nonexempt tasks. The trial court entered judgment awarding her $26,184.60 plus interest for overtime pay. The supermarket appealed, contending the trial court failed to account […]
Entity Acting On Behalf Of Defunct Company May Enforce Arbitration Agreement.
A financial services company, sued for allegedly providing bad investment advice, was denied its petition to compel arbitration because the original entity, another financial services company, which entered into the arbitration agreement, was a defunct company. The appellate court reversed, holding the financial services company, as an agent of the defunct company and a third party […]
Providing Alcohol To Someone Who Injures Another As A Result Of Intoxication Results In No Civil Liability.
Five young women, all under the age of 21, got into a car after partying all night (and drinking alcohol) at a friend’s house. Driving on the wrong side of the road, the car collided with a bicyclist, who was seriously injured. The bicyclist and his wife sued, among others, all of the occupants of the […]
No Minimum Contacts.
Plaintiff alleged he tried to start a personal watercraft manufactured by defendant, and the watercraft caught fire, causing him serious injuries. He claimed the manufacturer was negligent for failing to inform him of a recall of the watercraft for a defective fuel tank. The manufacturer cross-complained against the successor-in-interest of the manufacturer of the fuel tank, […]
Malicious Prosecution Action May Proceed.
Plaintiff received two checks from an insurance company in settlement of a claim. He took the checks to the bank where the checks were drawn, and the bank refused to cash one check. The bank manager called police and reported that plaintiff threatened to blow up the bank. Plaintiff was charged with a crime, tried and […]
Employee Does Not Receive Salary And Is Not Exempt From Overtime.
California law provides that, absent an exemption, an employee must be paid time-and-a-half for work in excess of 40 hours per week. To be exempt from that requirement the employee must perform specified duties in a particular manner and be paid “a monthly salary equivalent to no less than two times the state minimum wage […]
Postjudgment Orders Directing Issuance Of A Letter Rogatory Reversed.
The appellate court’s words say it all: “In this appeal from postjudgment orders directing issuance of a letter rogatory requesting registration of judgment liens against properties of the judgment debtor in Mexico and restraining the debtor from transferring its right to payment upon the sale of those properties, we must decide two issues of first impression […]
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