A dental implant company sued a university for breach of contract involving clinical tests for a new implant the company patented. The implant company sought damages ranging from $200 million to over $1 billion. Following an evidentiary hearing, the trial court excluded as speculative the proffered testimony of an expert to that effect. The appellate […]
Landlord Was Additional Insured, But Only When It Faced Liability Arising Out Of Tenant’s Acts.
A restaurant burned down because of the restaurant’s negligence. There were two insurance policies. The restaurant’s policy listed the landlord as an additional insured, which also had an exclusion for claims between insureds. The landlord had a separate policy and collected under it. The landlord’s insurer brought an action for subrogation against the restaurant owner, […]
Warrantless Entry Into Curtilage Of Home Was An Unconstitutional Search.
Plaintiff was standing behind the gate at the entrance to her home when a police officer kicked it down and knocked her unconscious. The officer believed his warrantless entry into the cartilage of plaintiff’s home was justified by his pursuit of a suspect “who had committed at most a misdemeanor offense by failing to stop […]
Attorney Fees May Be Properly Awarded Under CRC § 2.30.
A party failed to inform the court the case was automatically stayed due to a filing for bankruptcy. The trial court declared a mistrial, dismissed the jury, conducted a sanctions hearing and awarded $81,461.13 in sanctions. The appellate court affirmed in part and reversed in part, stating: “We conclude that [California Rules of Court, rule] […]
Omission Of A Trustee On Deed Of Trust Does Not Prevent Enforcement Of The Deed Of Trust.
After homeowners/borrowers fell more than $90,000 behind in payments, the beneficiary of the deed of trust substituted an entity as trustee to initiate nonjudicial foreclosure proceedings. The homeowners sued to set aside the sale because the deed of trust failed to designate a trustee. Both the trial court and the appellate court held the omission […]
Mobile Home Conversion Is A Development Under Coastal Act.
The California Supreme Court held the Coastal Act [Public Resources Code § 30000] and the Mello Act [Government Code § 65590] apply to a proposed conversion, within California’s coastal zone, of a mobilehome park from tenant occupancy to resident ownership. In so holding, the Supreme Court rejected the argument that such a conversion is not […]
Denial Of Conjugal Visits Claimed To Interfere With Prisoner’s Practice Of His Religion.
A state prisoner asserts that denials by prison officials of his request for conjugal visit with his wife violated the Religious Land Use and Institutionalized Persons Act and the First Amendment by interfering with his practice of a tenet of his Islamic faith requiring him to marry, consummate his marriage, and father children. The district […]
No Medical Evidence Supports Denial Of Benefits By Railroad Retirement Board.
The United States Railroad Retirement Board denied an application for benefits under the Railroad Retirement Act [45 U.S.C. §231a] which provides an annuity for disabled children of railroad workers. To qualify for benefits, the child must have been disabled prior to the age of 22 and remained continuously disabled through the time of the application […]
Summary Judgment Reversed On Issue Of Agency Between Auto Club And Tow Truck Company.
Plaintiff was an Auto Club member who requested roadside assistance for a flat tire, and the Auto Club dispatched a flat bed car carrier to a “very dangerous, narrow, dark” section of the Long Beach freeway. The tow truck driver, a technician certified by Auto Club in 1998, decided to transport the disabled car to […]
Defendant Entitled To Fees In Defeating Breach Of Contract Claim, Despite Losing Claim For Promissory Estoppel.
The contract provided the prevailing party in any dispute between the parties shall recover attorney fees. A defendant successfully defeated a claim for breach of contract but lost on a claim of promissory estoppel, and the trial court denied his request for fees. The appellate court reversed, stating: “We hold such a defendant is entitled […]
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