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 […]
Evidence Of Title Insurance Should Have Been Admitted.
The signatures on loan documents were forged. Interest-only payments were made. A larger replacement loan was made, again based upon forged documents. When the property owners realized what had happened, they brought an action for fraud against various persons. Everything settled, except a cross-complaint of one lender against another lender. At trial, a jury decided a […]
No Qualified Immunity For CHP Officer.
After being penned in by police officers, the driver of a stolen vehicle refused to turn off the engine following a 100 mph police chase. One officer opened fire on the driver, killing her. A jury awarded $30,000 each to the two children of the driver, and the court awarded almost a half a million dollars […]
In Quiet Title Default Prove-Ups, Another Appellate Court Agrees Evidentiary Hearing Required.
I previously reported on the split decision of Harbour Vista, LLC v. HSBC Mortgage Services, Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Code of Civil Procedure section 764.010, provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title […]
Insufficient Evidence In Support Of Motion To Amend To Seek Punitive Damages Against Hospital.
A hospital was allegedly negligent with regard to two surgeries performed on a patient. Plaintiff filed a motion to amend to seek punitive damages, alleging three new causes of action: Violation of Health and Safety Code section 24170 [the Protection of Human Subjects in Medical Experimentation Act]; fraud; and negligence per se. Evidence submitted in support […]
Officer Should Have Clarified Woman’s Chemical Test Admonition Rights.
A woman was arrested by the CHP when officers found her car stopped on a highway facing westbound in the eastbound lanes with an odor of alcohol on her breath, bloodshot and watery eyes, slurred speech and an unsteady gait. She refused to take a breath test at the scene. At the station, she was read […]
Business Judgment Rule Does Not Shield Cooperative.
A dairy cooperative instituted production quotas for its members and reduced payments for milk deliveries in excess of the quotas. One co-op member brought an action for breach of contract claiming his quota was too low. The contract required the co-op to accept all of the milk from its members “subject to the right of the […]
Black Letter California Law On Parol Evidence Rule Rewritten.
The parol evidence rule protects the integrity of written contracts by making their terms the exclusive evidence of the parties’ agreement, except if there is fraud. In Bank of America v. Pendergrass (1935) 4 Cal.2d 258, 263, [48 P.2d 659, 661], the California Supreme Court adopted a limitation on the fraud exception: evidence offered to prove […]
Transcript Of Police Recording Admissible As A Party Admission.
In Kincaid v. Kincaid (Cal. App. Second Dist., Div. 4; July 6, 2011) 197 Cal.App.4th 75, [127 Cal.Rptr.3d 863, 2011 DJDAR 10048], the mother of decedent, who committed suicide, brought a wrongful death action alleging torture, sexual abuse, and death against her former husband, who was decedent’s step-father. The defendant, moved for summary judgment. In her opposition to the […]
Trial Court Ordered To Deny Motion In Limine After Party Argued It Eviscerated Case.
The trial court granted a motion in limine to exclude the testimony of an appraiser in an eminent domain action. The parties thereafter stipulated to the value of real property and the trial court entered judgment in accordance with the stipulation. The property owner contended on appeal that the use of a motion in limine […]
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