After a construction defect action settled, one insurer brought an action for equitable contribution against another insurer. The trial court ordered defendant to pay 43 percent of the defense costs and settlement as well as prejudgment interest. The appellate court stated “the burdens and proof are altered somewhat when one insurer with a defense duty […]
Collection Assignment Valid.
A creditor and a creditor assignee reached an agreement whereby the assignee agreed to collect a debt and pay the creditor $5,000, $100 per month until the $5,000 was satisfied and 50 percent of the recovery. The trial court found the agreement to be void against public policy because it did not constitute a valid […]
Summary Adjudication of Issues In Insurance Bad Faith Cases Reversed.
In a fire damage/insurance bad faith case, the trial court granted defendants’ motions for summary adjudication of issues. As to the plaintiffs who lost because they did not timely submit a proof of loss, the appellate court reversed, stating: “In order to enforce a defense based upon plaintiffs’ failure to provide a timely proof of […]
Repaired Instead Of Replaced.
Plaintiff’s car was damaged in an accident. As provided in her insurance contract, her insurer elected to repair rather than pay for the damaged vehicle. She was unsatisfied with the result and sued her insurer, but lost in the trial court when she did not prove her vehicle could not be repaired to its pre-accident […]
What Happens In A Divorce Proceeding Stays In The Divorce Proceeding.
During a divorce, one spouse allegedly made false statements about the other resulting in a libel action. The appellate court held the statements, whether true or false, whether made with or without malice, fall squarely within the litigation privilege [Civil Code §47]. Holland v. Jones (Cal. App. Second Dist., Div. 1; October 23, 2012) 210 […]
Measure Of Damages Decided In Two Pet Cases.
In the first case, two dogs were barking at each other through a fence. One of the neighbors shot and wounded the other neighbor’s dog. A veterinarian had to amputate the wounded dog’s leg. In the second case, a vet nicked and cut a dog’s intestine during liver surgery, and then left a sponge inside […]
Jury Did Not Wrongfully Consider Insurance In A Slip & Fall Case.
After a defense verdict in a slip & fall case, the plaintiff moved for a new trial, attaching the declaration of one juror to her motion. The declaration stated in part: “the jury discussed the belief that the plaintiff, Jean Barboni, must have already been paid on a homeowner’s insurance claim by an insurance company […]
Pregnancy Discrimination Verdict Upheld.
Woman employee was fired three hours after returning from pregnancy leave. In her action alleging wrongful termination and violation of the California Fair Employment and Housing Act [FEHA Government Code §12940], a jury awarded her $10,000. After the verdict, the court granted her $50,858.44 for attorney fees. The employer argued on appeal the trial court […]
Supermarket Not Liable For Selling Beer To Passenger Of Driver Who Killed Another In Car Accident.
A checker at a Safeway store sold a 12-pack of beer to a man under the age of 21, who was the passenger in a car that caused an accident a few minutes later, killing the son of plaintiffs. The checker asked for identification and was shown a forged California driver’s license indicating the purchaser […]
State Not Liable For Accident Caused By Employee Driving To Work From A Medical Workers Compensation Appointment.
Employee of a state prison who was injured on the job was driving to work after seeing a Workers Compensation doctor for the injury when she allegedly caused an accident which resulted in severe personal injuries to plaintiff. Following presentation of plaintiff’s case, the trial court entered nonsuit in favor of the State. The appellate […]
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