In a class action brought by victims of fire losses, plaintiffs contend the insurance company followed illegal adjusting practices contrary to Insurance Code section 2051, subsection (b), which permits “reasonable deduction for physical depreciation based upon its condition at the time of injury.” As examples, they submitted claims for a 10-year-old set of lead crystal longchamp […]
Offset For Economic and Noneconomic Damages In Medical Malpractice Case.
When the plaintiff regained consciousness after surgery to stop nose bleeds, he was blind in one eye. He brought an action against the manufacturer of a device used in the surgery, against the hospital where the surgery was performed and against the doctor who performed the surgery. Plaintiff settled with the manufacturer for $2 million and with […]
$19 Million In Punitive Damages Reduced To $350,000.
Plaintiff served in the U.S. Marines and is entitled to medical care at Veterans Administration hospitals at no cost. He was involved in an accident in 1997 and was paralyzed from the waist down and relies on a wheelchair. In 2008, he was involved in a wheelchair accident and suffered a broken leg, but had numerous […]
Athiest’s Case Reversed On The Issue Of Damages.
Plaintiff was placed on parole in 2007 after pleading no contest in a methamphetamine case. One of his parole conditions was that he attend and complete a 90-day residential drug treatment program. He advised parole and correctional officers he is an atheist, and requested placement in a non-religious program, but he was sent to a religious-based […]
Treble Damages To Salespersons Who Had No Written Contract.
Plaintiff agreed to use his experience and connections in the high-tech electronic industry to help grow a company owned by defendants. Plaintiff prepared a written document outlining the business relationship with defendants, which included his understanding he would receive 50 percent of the net profits from all sales resulting from his efforts and contacts. The parties […]
Code of Civil Procedure section 998 Expert Costs For Defendant After Voluntary Dismissal Prior To Trial.
Plaintiff was injured in a fall in a supermarket. Defendant’s overtures toward settlement under Code of Civil Procedure section 998, as well as defendant’s demand for exchange of expert witnesses were ignored by plaintiff. Defendant moved in limine to preclude the use of experts by plaintiff, and plaintiff dismissed the action prior to a ruling. Defendant […]
In FEHA Action, No Need To Show Action Frivolous In Order To Obtain Ordinary Costs.
The trial court granted a motion for summary judgment in favor of a fire department in a FEHA case [California Fair Employment and Housing Act; Government Code section 12900], and then ordered plaintiff to pay costs of $5,368.88. On appeal, the court stated: “The issue presented is whether the District, as the prevailing party, must show […]
False Imprisonment Action Against Counties To Proceed.
The allegations are that a man was stopped by police for driving while talking on a cellphone. He handed over his driver’s license, which showed his name as Freddy Pantoja Rodriguez, his registration, and his proof of insurance. After the two officers held a discussion, appellant was told to step out of his car, and […]
No Double Recovery When Plaintiff Dies After Suing Manufacturer And Son Brings Wrongful Death Claim.
Decedent brought an action against a cigarette manufacturer seeking damages for lung cancer, but died while the verdict was on appeal. In the present case, decedent’s son brought a wrongful death action against the tobacco company for his father’s death and received $12.8 million for loss of consortium. On appeal, the tobacco company contended the trial […]
Under The Hospital Lien Act, Hospital Failed To Meet Its Burden Of Proof In Order To Collect On Its Lien.
Plaintiff suffered serious injuries in an accident and was taken to a hospital where he received treatment for seven days, incurring $34,320.86 in bills which he did not pay. A jury awarded plaintiff $356,587.92. Shortly after the verdict, a collection agency acting on behalf of the hospital sent the third party’s insurance company a lien under […]
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