Baby was born with multiple birth injuries which require 12-18 hours of daily nursing care. The baby and her parents filed a medical malpractice action against the delivery doctor and the hospital where she was born. Although the plaintiffs presented evidence of damages in excess of $42 million, they settled for $2.8 million, largely due […]
Noneconomic Damages Recoverable Despite Plaintiff’s Lack Of A Driver’s License.
Plaintiff, who was unlicensed, suffered serious and permanent brain injuries in a car accident. A jury awarded her $31,656,208. Defendant, who admitted liability, argued Civil Code §3333.4 prevented plaintiff was recovering $22,000,000 of the award, the portion for noneconomic damages. The vehicle the plaintiff was driving was purchased and insured by her father. Section 3333.4 precludes […]
Where’s The Dotted Line On Defendant’s Offer To Compromise?
Defendant made an Offer To Compromise pursuant to Code of Civil Procedure section 998, to settle the case for $100,000.49, and plaintiff did not accept. At trial, plaintiff was awarded $77,986 in compensatory damages and $1,400 in punitive damages. When defendant tried to collect his costs under the statute, plaintiff claimed his offer was invalid because the statute requires “a […]
Unlicensed General Contractor Required To Disgorge All Compensation For Its Services.
A dispute over a construction project went to arbitration. One party argued the unlicensed general contractor was required to disgorge all compensation for services pursuant to Business and Professions Code section 7031, but the arbitrator rejected the argument and found for the unlicensed general contractor. The trial court denied a motion to vacate the award and entered […]
$160,000,000 Judgment Tossed In A Trade Secrets Misappropriation Case.
A jury awarded $80,000,000 on a counterclaim in a trade secrets misappropriation case involving two toy manufacturers, and the trial judge added another $80,000,000 in punitive damages. The Ninth Circuit reversed because the counterclaim was not compulsory and should not have been permitted. Even though the counterclaimant lost its damages judgment, it got to keep […]
Treble Damages And Attorney Fees Upheld Under A Penal Code Provision.
Defendant induced plaintiff to loan him $202,500 based on a false pretense. Plaintiff brought an action seeking attorney fees and treble damages. Penal Code section 496, subdivision (a), makes receiving, buying, or withholding property “that has been obtained in any manner constituting theft” an act punishable by imprisonment. Subdivision (c) reads: “Any person who has been […]
Failure To Give Proper Notice Of Amount Sought Prevents Default Judgment.
Where the complaint fails to specify the amount sought to be recovered (or in cases involving personal injury, or wrongful death, where the plaintiff fails to serve a statement of damages (Code of Civil Procedure section 425.11)), the court lacks jurisdiction to enter a default judgment. This is true whether the default is the result of […]
Only shoot at cats having some fair market value.
Mr. Grosser allegedly shot Mr. Kimes’s cat with a pellet gun. Kimes claimed he spent $36,000 for emergency surgery and follow up care for the partially paralyzed cat. The trial court ruled that the cat had no market value and that, because plaintiff could not recover more than the market value, the suit should be dismissed. […]
Sanctions Order Reversed After Grant Of Summary Judgment Affirmed.
Plaintiff, a corporation, propounded special interrogatories to defendant. Defendant did not provide answers because it contended plaintiff, as a suspended corporation, lacked the capacity to prosecute the action. The trial court agreed and awarded monetary sanctions to defendant. Subsequently, the trial court granted summary judgment in favor of defendant. The appellate court affirmed the grant […]
No Insurance Coverage For Water Damage.
Property damage resulted after a toilet malfunctioned when it failed to shut off the intake of water and, because there was blockage in the sewer line, the toilet overflowed. Exclusion in the insurance contract says the policy excludes any “loss or damage caused directly or indirectly by . . . [w]ater that backs up or […]
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