I previously reported on the split decision of Harbour Vista, LLC v. HSBC Mortgage Services, Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Code of Civil Procedure section 764.010, provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title […]
Loss Of Consortium Claim Valid If Marriage Predates Discovery Of Symptoms.
With latent injury cases, injury often does not occur at the time of exposure to a toxic substance, but often decades later. The Court of Appeal held the required showing of the existence of a valid marriage for a loss of consortium claim is satisfied if the plaintiff’s marriage to the injured spouse predates discovery of […]
No Qualified Immunity For Police Officer In Wrongful Death Of Suspect.
A jury found a police officer caused the wrongful death of a suspect who died “through the unconstitutional use of excessive force” while in police custody at a hospital. The appellate court analyzed: “Taken as a whole, the combined effect of [the] evidence supports a finding that Macias punched and tasered a non-resisting and compliant man […]
More Juror Misconduct On Facebook…Court Gets Serious.
Following a criminal conviction, the court learned that during the trial a juror had posted items on Facebook concerning the trial. In order to determine whether juror misconduct was committed, the court ordered the former juror to execute a consent form pursuant to the Stored Communications Act [SCA; 18 U.S.C. §2701 et seq.] authorizing Facebook to […]
When It Comes To Defamation, Bank Needs Thicker Skin.
Former vice-president of a bank published 21 allegedly defamatory statements in the “Rants and Raves” section on Craigslist. One of the postings was: “Being a stockholder of this screwed up Bank, this year there was no dividend paid. The bitch CEO that runs this Bank thinks that the Bank is her [personal] Bank to do with […]
Noneconomic Damages Recoverable Despite Plaintiff’s Lack Of A Driver’s License.
Plaintiff, who was unlicensed, suffered serious and permanent brain injuries in a car accident. A jury awarded her $31,656,208. Defendant, who admitted liability, argued Civil Code §3333.4 prevented plaintiff was recovering $22,000,000 of the award, the portion for noneconomic damages. The vehicle the plaintiff was driving was purchased and insured by her father. Section 3333.4 precludes […]
Where’s The Dotted Line On Defendant’s Offer To Compromise?
Defendant made an Offer To Compromise pursuant to Code of Civil Procedure section 998, to settle the case for $100,000.49, and plaintiff did not accept. At trial, plaintiff was awarded $77,986 in compensatory damages and $1,400 in punitive damages. When defendant tried to collect his costs under the statute, plaintiff claimed his offer was invalid because the statute requires “a […]
Provision In Arbitration Agreement Contrary To Public Policy.
Plaintiff sued a nursing home alleging negligent care and treatment. Defendant petitioned to compel arbitration, pursuant to an arbitration agreement, which the trial court granted, after severing the attorney fee provision which stated the parties would bear their own attorney fees and costs. The trial judge explained that provision was contrary to the Elder Abuse Act […]
No Legal Duty To Protect Plaintiff In Cow Versus Motorcycle Case.
Plaintiff’s complaint alleged negligence and premises liability after a 1,200-pound cow named “Annie” charged him while his motorcycle was stopped on a paved road within a ranch, but classified as an easement and used by eight families to get to their landlocked properties. At the close of plaintiff’s evidence at trial, the court granted a nonsuit. […]
After Anti-SLAPP Motion, Cross-Complaint Against City Permitted To Stand, In Part.
City brought an action against commercial property owners to abate public nuisances, prostitution and operation of medical marijuana dispensaries. The trial court granted the city preliminary injunctions. Meanwhile, the property owners cross-complained against the city and several city employees for slander, trade libel and intentional interference with prospective economic advantage, centering around certain statements made to […]
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