County asked for extraordinary relief after the trial court denied its motion for summary judgment. The action alleges a violation of a duty to warn of the violent tendencies of a person placed in a care facility. The conservatee injured one person and killed another. The County argued it was absolutely immune under Welfare and […]
Claim Against Drug Company Dismissed.
One-year-old died after receiving his vaccine shot. His parents received $250,000 compensation from a government fund, and then brought action against the manufacturer of the vaccine. The federal district court dismissed the action on a motion for summary judgment, finding the claim was foreclosed by the National Childhood Vaccine Injury Act [42 U.S.C. § 300aa-22]. […]
No Mandatory Duty To Capture And Take Pit Bulls Into Custody.
One afternoon, three boys were walking home from school when two pit bulls attacked and seriously injured one of them. A lawsuit was brought against the dogs’ owner, the landlord and the County of Los Angeles. Among other allegations, the complaint alleged the county had received nine complaints the pit bulls had jumped the fence […]
Defamation, Invasion Of Privacy, Unfair Business Practices, Causes Of Action And Service Of §425.16 Anti-SLAPP Motion.
A genetics company publicly admitted that research was mishandled vis-à-vis previously reported results of studies for a diagnostic test for fetal Down Syndrome. Plaintiff alleges he resigned after he was made an offer “that if he resigned as chief financial officer, he would not be associated with the mishandling and would be separated from others […]
Summary Judgment Reversed In Foreclosure Case.
Plaintiff alleges she realized something was wrong with the loan on her home when she saw her signature was forged on a few of the loan documents. She hired a handwriting expert who confirmed some of the documents were not signed by her. She immediately brought the issue to the attention of the lender savings […]
Doctor Not Liable For Report To DMV About Epileptic Man.
Man caused serious injuries to others when, due to an epileptic seizure, he lost consciousness while driving. Injured people sued the man as well as the man’s doctor who informed the DMV that “everything is good,” resulting in the restoration of the man’s driver’s license. The trial court granted the doctor’s motion for summary judgment […]
Think Before Interpleading.
Action involves dispute over proceeds from a life insurance policy. The insurance company interpleaded the funds and the claimants settled their dispute. But a negligence cause of action against the insurance company alleging the whole dispute was caused by the company’s carelessness in administering the policy had been plead. The trial court dismissed the claim […]
Question Of Fact Regarding Slip & Fall On Spill In Store.
Plaintiff slipped and fell on jewelry cleaning solution in a jewelry store. The Trial court granted summary judgment because the store did not have actual or constructive notice of the spill. Appellate court reversed, noting “the reasonable inference to be drawn . . . is that one of defendant’s employees caused the cleaning fluid to […]
No Liability For Slip & Fall In Hotel Bathtub.
Plaintiff slipped and fell in a hotel bathtub and sued the hotel and the manufacturer of the bathtub. Against the manufacturer, he alleged the Slip-guard surface was not safe. Even plaintiff admitted industry standards were met. The appellate court stated plaintiff and his expert “were obligated to give a greater factual basis for application of […]
No Liability For Supplier Of Raw Materials.
Court of Appeal declined to impose negligence, or strict liability for personal injuries to suppliers of raw materials. The court declined “to extend the holdings of the asbestos cases here because the metal products involved are not inherently dangerous.” Maxton v. Western States Metals (Cal. App. Second Dist., Div. 3; February 1, 2012) 203 Cal.App.4th […]