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 […]
Disgruntled Clients Settle And Then Sue Their Lawyer.
Clients settled eminent domain action with County for almost $2.6 million, and later brought suit against their own lawyer for attorney malpractice and breach of fiduciary duty, claiming the lawyer failed to work up their case and properly prepare the experts. Their lawyer cross-complained for his legal fees in quantum meruit. The trial court awarded […]
Real Estate Commissioner Looked At Man’s Prior Crime Rather Than Whether He Had Rehabilitated Himself When Broker’s License Was Denied.
A man who had been previously convicted of a misdemeanor, and who completed his probation and had his conviction expunged under Penal Code § 1203.4, applied for a real estate broker’s license. A commissioner of the Department of Real Estate denied the man’s application based on the “dishonest nature” of his prior conviction for theft […]
Even Though Expert Had Previously Testified In Asbestos Cases, A Daubert Hearing Was Required.
An expert witness testified in federal court that a plaintiff’s exposure to asbestos for 20 years at a paper mill caused his mesothelioma. The defendant filed a motion in limine to exclude the expert testimony, which the trial court denied because the doctor had previously testified in other asbestos cases. A jury awarded $10,200,000 to […]
You Go First. No, After You.
Civil Code §910 requires a homeowner to serve notice of a construction defect claim to commence the prelitigation process before bringing a lawsuit. But §912 requires the builder to provide certain documents. The homeowners claimed they needed the documents before they could comply with §910, and the builder claimed it wasn’t required to provide the […]
County Must Disclose Billing Records Relating To Attorney Fees Charged For Defending County.
A lawyer requested documents under the California Public Records Act [CPRA, Government Code §6250 et seq.], and the County argued the records were not subject to disclosure because they were attorney-client communications, they were attorney-work product and they were exempt under the CPRA’s pending litigation exemption [§6254(b)]. After ordering the County to redact certain portions […]
What He Said To The IRS Didn’t Stay With The IRS.
A man had business dealings in both the United States and Japan. Representatives from the Internal Revenue Service [IRS] and Japan’s National Taxing Authority [NTA] held a meeting in 1996 to discuss the man’s taxes. During that meeting, they disclosed information to each other, but the man knew nothing about the meeting or the disclosures […]
Couldn’t Get Their Stories Straight.
Owners of luxury car reported it stolen, and then gave several inconsistent versions of the history of the car prior to its disappearance. Their insurance company denied coverage, the insureds sued for bad faith and the trial court entered summary judgment in favor of the insurer. The appellate court affirmed, stating plaintiffs failed to raise […]
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