Following summary judgments and settlements in litigation resulting from severe injuries in a hotel swimming pool, the only issues remaining were those raised in a cross-complaint brought by a party and its insurance company against the pool company to recover the amount it spent on the litigation based on a claim of express indemnity. The […]
Clemency Or Pulling Strings?
The son of the former Speaker of the California State Assembly aided in the stabbing and killing of a young man near the campus of San Diego State University in October 2008. He was charged with murder and pled guilty to voluntary manslaughter on the eve of trial, and was sentenced to 16 years in […]
Death Knell Doctrine Does Not Apply When A PAGA Cause Of Action Remains.
It is well established under California law that an order denying a motion to certify all class claims leaving only the named plaintiff’s individual claims in the trial court is an appealable order under the death knell doctrine, because absent immediate review, the plaintiff would have no financial incentive to pursue his or her case […]
Court Refused To Accept Dismissal Of Appeal, Stating: “The Lack Of Civility Demonstrated In This Case Is A Matter Of Public Interest.”
Two paragraphs of the opinion best describe what happened: “We find FCI’s conduct with respect to this entire case demonstrative of a particularly nasty type of scorched earth tactics. A purportedly stolen hard drive, which was placed in the hands of defendants solely for litigation purposes, has resulted in an attempt to disqualify counsel and […]
Stipulation To Continue Trial Past The Five-Year Statute.
A minor was injured by a falling tree branch in a park and sued a City. Trial was set for January 14, 2013, and on January 8, 2013, the parties entered into a written stipulation to continue trial to October 28, 2013. On October 14, 2013, the parties entered into a second stipulation to continue […]
Gerrymandering (continued) –
In 2000, Arizona voters adopted an initiative aimed at ending the practice of gerrymandering and improving voter and candidate participation in elections. The electorate voted to remove redistricting authority from the Legislature and vest that authority with an independent commission. The Legislature challenged the redistricting map the Commission adopted for 2012. In upholding the use […]
Law Firm Of Attorney Who Volunteered To Conduct A Settlement Conference & Received Confidential Information Cannot Later Represent A Party To The Action.
An attorney served as a settlement officer in a mandatory settlement conference conducted by a judge and two volunteer attorneys in a case which did not settle. Later, the law firm of the attorney substituted in to represent the defendant in the same action. The trial court denied a motion to disqualify the law firm. […]
Trial Court Erred In Not Granting Rescission To Buyer Or Real Property.
Plaintiffs bought a multimillion-dollar hillside home, and several months later, they discovered they were not connected to the City’s sewer system. Believing they were deceived, they brought an action against the sellers and the real estate agents who brokered the sale alleging various causes of action, including rescission. After the real estate agents settled for […]
Summary Judgment, Granted To Defendant Based On A Broad Release In An Underlying Action To Which Defendant Is A Stranger, Reversed.
The underlying case involved allegations of breach of contract regarding intellectual property. After protracted litigation, there was a settlement agreement; the agreement included a broad release clause, which stated in part: “. . . do hereby irrevocably and unconditionally release and forever discharge each other and each of their respective past, present, and future affiliates, […]
Summary Judgment In Favor Of A Defendant Who Was The Passenger In A Car Reversed.
Plaintiffs’ allegations are that a passenger in a car involved in a fatal accident “told the driver to drive at an unsafe speed over a road [the passenger] knew had unusual conditions that would cause the car to become airborne, resulting in the fatal accident.” The trial court granted summary judgment after concluding there was […]
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