The California Supreme Court considered whether a later Offer To Compromise made under Code of Civil Procedure section 998, extinguishes a previous Offer To Compromise for purposes of that section’s cost-shifting provisions. The court concluded “that where, as here, a plaintiff makes two successive statutory Offers To Compromise, and the defendant fails to obtain a judgment more favorable […]
Elder Abuse And Patient’s Bill Of Rights.
A 79-year-old patient in a licensed nursing home fell nine times in 35 days while getting out of bed to go to the bathroom. On the ninth occasion, nurses reached his room two minutes after the bed alarm went off. While one nurse was turning off the alarm and the other stood in the doorway, the patient […]
Writ Of Execution Can Get Complicated!
After the sheriff levied on funds in its bank account, pursuant to a writ of execution, a judgment debtor filed a notice of appeal and a sufficient appeal bond. The debtor gave notice of these documents to the sheriff in order to prevent the sheriff from disbursing the levied funds to the judgment creditor. Nonetheless, the […]
Is There A Duty Of Care To Secure Cargo To Prevent Tragedy On The Highway?
A CHP officer stopped a car, and the two were parked on the right shoulder of a freeway. Meanwhile, another man was proceeding along the freeway with two dirt bikes strapped inside his truck bed. The bikes were strapped down by employees of a motorsports dealership. The bikes were “hopping around a little bit,” and the […]
No New Trial On Issue Of Lost Profits.
A company obtained patents on a dental implant. It entered into an agreement for a university to conduct a clinical study of the implant. Later, the company brought an action against the university for failure to timely deliver the promised reports, asserting causes of action for breach of contract and various torts. Eventually the matter was […]
Think Theories Through Before Filing Complaint!
Plaintiff, an attorney, represented a client, also an attorney, in a prior civil suit against the client’s employer for discrimination, harassment, retaliation, wrongful termination, and other related claims. By motion, plaintiff withdrew from the case at the beginning of trial. The client could not find another attorney to represent her, and the trial court dismissed the […]
Total Amounts Of Medical Bills Not Relevant.
Two plaintiffs were passengers in a taxi cab when another vehicle collided with the cab and they were injured. The defendant, the driver of the other car, was convicted of fleeing the scene of an injury accident, and was sent to prison for three years. A jury found the passengers suffered $1.8 and $1.4 million in […]
Order To Tax Costs On Appeal After A Remand Is Immediately Appealable.
On appeal, the Court of Appeal remanded the case to reduce damages and awarded appellant costs on appeal, including attorney fees. Appellant filed a cost bill in the trial court and the trial court only partially granted a motion to tax cost. That motion was immediately appealable as a post-judgment order and time to appeal did […]
Suicide May Be Compensable Even If It Is Planned.
In 2001, while working as a ship laborer, plaintiff fell 25 to 50 feet from a barge to a dry dock, landing on a steel floor. He suffered blunt trauma to the head, chest and abdomen, a fractured rib and scapula and knee and back pain. He resumed work but left after a while. He filed […]
Rule Set Forth In Howell v. Hamilton Meats & Provisions, Inc. Applied During Post-Trial Motion.
As plaintiff, a disabled man, passed through the threshold of a door to exit a store, the automatic doors closed on him three or four times before he was able to pass through. When he made it through the doors, he fell to the ground because his leg became twisted. He was taken by ambulance to […]
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