![Homosexual Intentional Interference With Expected Inheritance [IIEI]](https://www.mellorlawfirm.com/wp-content/uploads/2013/03/gay-men-2.jpeg.webp)
It’s called intentional interference with expected inheritance [IIEI]. Two adult males were in a long-term committed relationship when one was hospitalized and awaiting surgery. He asked his partner to prepare a will dividing his estate equally between his estranged sister and the partner. The partner prepared the will and sent a copy of it to the […]
Manufacturing Defect Summary Judgment In Favor Of Medical Device Manufacturer Reversed.
Plaintiff had a prosthesis implanted in his femur, and reported pain in his thigh 18 months later. A fatigue fracture was discovered. Defendant manufacturers filed a motion for summary judgment, which included a declaration from an engineer stating the prosthesis was not defective in design or manufacture. Plaintiff’s opposition included the declaration of a metallurgist who […]
Despite The Fact Its Corporate Powers Were Suspended When The Appeal Was Filed, So Long As Corporation Was Reinstated, Plaintiff Corporation Was Permitted To Continue With Its Appeal.
Before trial, defendants learned that plaintiff corporation’s corporate powers had been suspended by the State of California due to nonpayment of taxes and moved for the trial court to preclude plaintiff from offering any evidence at trial. The court denied the motion contingent on the corporation’s reviving its corporate powers. Later, the court entered judgment in […]
Concealed Weapon Exception Narrowly Construed.
A trial court issued a peremptory writ directing the office of the District Attorney to afford a retired District Attorney investigator, who resigned from the D.A.’s office prior to retirement age, a hearing to determine if there is good cause to deny issuing him a certificate authorizing him to carry a concealed weapon and loaded firearm. […]
Fall Off Bed In Hospital Ordinary Negligence Governed By The Two-Year Statute Of Limitations.
A patient brought an action against a hospital for general negligence and premises liability after a bed rail collapsed causing her injuries when she fell to the floor nearly two years earlier. The trial court dismissed the action, ruling the action was one for professional negligence subject to the one-year statute of limitations [Code of Civil […]
No Equitable Contribution From Employer’s Insurance Policies Until All Of The Tortfeasor Employee’s Policies Exhausted.
An employee caused injuries to another person while driving his car in connection with his employer’s business. Three insurance policies were in effect. Insurer #1 insured the negligent employee. Insurers # 2 and #3 insured the employer. After a settlement, Insurer #1 sought equitable contribution from #2 and #3, which the trial court ordered after granting […]
An Administrative Subpoena Duces Tecum May Issue By The California Corporations Commissioner To Subpoena Witnesses In Order To Investigate Violations Of The Corporate Securities Law.
Believing that a corporation might be engaged in violations of the Corporate Securities Law of 1968 [CSL; Corporations Code section 25000], the California Corporations Commissioner issued a subpoena duces tecum requiring the production of certain documents. When all of the documents were not forthcoming, the Commissioner subpoenaed the custodian of records, and the corporation refused to […]
In A Motion For Class Certification In Securities Action, Proof Of Misrepresentations Or Misleading Omissions Is Not A Prerequisite.
In a securities fraud action brought by retirement plans under section 10b of the Securities Exchange Act of 1934, plaintiffs sought to certify a class. In such a class certification action, a plaintiff must prove reliance on a material misrepresentation or omission made by a defendant. Plaintiffs invoked the “fraud on the market” presumption which provides […]
After Debtor Loses Suit Against Harassing Debt Collector, Student Loan Gets Larger.
Plaintiff brought an action against a debt collector under the Fair Debt Collection Practices Act [FDCPA; 15 USC § 1601] alleging she was harassed and falsely threatened in order to collect a debt after she defaulted on her student loan guaranteed by Ed Fund, a division of the California Student Aid Commission. Both the trial and […]
Despite The Pregnancy Disability Leave Act Mandating Four Months Leave, An Employer May Nonetheless Be Liable For Other Violations Under The Fair Employment And Housing Act.
Plaintiff brought an action under the California Fair Employment and Housing Act [Government Code section 12900; FEHA] alleging she was disabled due to a high risk pregnancy. Her employer granted her all permissible leave available under the Pregnancy Disability Leave Act [Government Code section 12945; PDLL], then terminated her employment when she failed to report for […]
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