A judgment of dismissal was entered by the trial court in favor of an insurance company in a case which was tentatively certified as a class action. The members of the putative class were insureds who paid their premiums in monthly installments. The trial court granted plaintiffs’ motion to tax costs of $713,463.72 incurred by […]
Failure To Plead Alter Ego Theory Does Not Preclude Amendment Of Judgment If Alter Ego Was Virtually Represented In The Action.
After obtaining judgment against Sayrahan Group, LLC, plaintiff discovered that D’Arco had always had a 100% ownership of the company and made all of its business decisions. Plaintiff filed a motion to amend the judgment to add D’Arco as a judgment debtor. The trial court denied the motion, holding plaintiff had to file a new […]
$13.8 Million Punitive Damages Not Unconstitutionally Excessive.
Betty Bullock smoked cigarettes for 45 years. The jury awarded $850,000 in compensatory damages and later awarded $28 billion in punitive damages. The trial court granted a new trial on the issue of excessive damages with the condition it would deny the motion if plaintiffs consented to reduce the punitive damages to $28 million. Plaintiffs […]
Goodbye Collateral Source Rule.
The California Supreme Court stated the collateral source rule, as outlined in Helfend v. Southern Cal. Rapid Transit District (1970) 2 Cal.3d 1, [465 P.2d 61; 84 Cal.Rptr. 173] has no bearing on amounts that were included in a medical provider’s bill for which a plaintiff never incurred liability because the provider, by prior agreement, […]
Judge Properly Excluded Expert Testimony After Concluding Claimed Damages Were Speculative.
A dental implant company sued a university for breach of contract involving clinical tests for a new implant the company patented. The implant company sought damages ranging from $200 million to over $1 billion. Following an evidentiary hearing, the trial court excluded as speculative the proffered testimony of an expert to that effect. The appellate […]
Burden Of Proof Shifts In Equitable Contribution Action.
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 […]
Body Shop That Endorsed Insurance Check Held Liable For Conversion Of Credit Union’s Interest In The Proceeds.
A credit union financed the purchase of a Bentley in the amount of $136,126. The car was collateral for the loan and the owner was required to maintain insurance for the car. The owner did fulfill his obligation to have insurance but did not name the credit union as an additional insured on the policy. […]
Same Business, Different Name.
Investor provided $75,000 toward investment and was to receive 100 percent of the net cash receipts until his investment was recouped. Unbeknownst to him, the company formed another company doing the same kind of business under a different name. The court found the corporation could not escape liability by shifting assets and changing its name. […]
Usual Legal Rate Of Interest Not Used In Criminal Forfeiture Proceeding.
A criminal defendant was convicted of various drug charges. The police confiscated a lot of drugs and $10,153.38 in cash from his hotel room. The man claimed he earned the cash by selling candy, cigarettes and sodas from his room. In forfeiture proceedings, he was awarded $12,601.33, which represents the money seized plus the interest […]
District Court Reversed For Penalizing When Statute Says No Penalty.
Defendants were sued for false advertising, trademark infringement and cybersquatting under The Lanham Act [15 U.S.C. §1051 et seq.]. The statute states the sum awarded “shall constitute compensation and not a penalty.” The trial judge doubled the amount of actual damages and the Ninth Circuit reversed, stating the district court apparently had an intent to […]