It started out the usual way. Lawyer had the temerity to sue client for fees, and client promptly cross-complained for legal malpractice in the handling of the underlying marital dissolution action. Lawyer turned around and cross-complained against other lawyers who gave counsel in the settlement of the underlying action. The trial court granted a motion […]
Burden Of Proof Shifts In Equitable Contribution Action.
After a construction defect action settled, one insurer brought an action for equitable contribution against another insurer. The trial court ordered defendant to pay 43 percent of the defense costs and settlement as well as prejudgment interest. The appellate court stated “the burdens and proof are altered somewhat when one insurer with a defense duty […]
Collection Assignment Valid.
A creditor and a creditor assignee reached an agreement whereby the assignee agreed to collect a debt and pay the creditor $5,000, $100 per month until the $5,000 was satisfied and 50 percent of the recovery. The trial court found the agreement to be void against public policy because it did not constitute a valid […]
Summary Adjudication of Issues In Insurance Bad Faith Cases Reversed.
In a fire damage/insurance bad faith case, the trial court granted defendants’ motions for summary adjudication of issues. As to the plaintiffs who lost because they did not timely submit a proof of loss, the appellate court reversed, stating: “In order to enforce a defense based upon plaintiffs’ failure to provide a timely proof of […]
Qui Tam Action For Insurance Fraud Not Subject To Motion To Strike Under Anti-Slapp Statute.
An employee of a biotechnology company signed an agreement with his employer which provided that any invention conceived by him while at the company belonged to the company. While employed there, he invented a unique biotechnology process and started his own business to make a profit from his invention. The former employer and former employee […]
Repaired Instead Of Replaced.
Plaintiff’s car was damaged in an accident. As provided in her insurance contract, her insurer elected to repair rather than pay for the damaged vehicle. She was unsatisfied with the result and sued her insurer, but lost in the trial court when she did not prove her vehicle could not be repaired to its pre-accident […]
What Happens In A Divorce Proceeding Stays In The Divorce Proceeding.
During a divorce, one spouse allegedly made false statements about the other resulting in a libel action. The appellate court held the statements, whether true or false, whether made with or without malice, fall squarely within the litigation privilege [Civil Code §47]. Holland v. Jones (Cal. App. Second Dist., Div. 1; October 23, 2012) 210 […]
Measure Of Damages Decided In Two Pet Cases.
In the first case, two dogs were barking at each other through a fence. One of the neighbors shot and wounded the other neighbor’s dog. A veterinarian had to amputate the wounded dog’s leg. In the second case, a vet nicked and cut a dog’s intestine during liver surgery, and then left a sponge inside […]
Jury Did Not Wrongfully Consider Insurance In A Slip & Fall Case.
After a defense verdict in a slip & fall case, the plaintiff moved for a new trial, attaching the declaration of one juror to her motion. The declaration stated in part: “the jury discussed the belief that the plaintiff, Jean Barboni, must have already been paid on a homeowner’s insurance claim by an insurance company […]
Pregnancy Discrimination Verdict Upheld.
Woman employee was fired three hours after returning from pregnancy leave. In her action alleging wrongful termination and violation of the California Fair Employment and Housing Act [FEHA Government Code §12940], a jury awarded her $10,000. After the verdict, the court granted her $50,858.44 for attorney fees. The employer argued on appeal the trial court […]
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