Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]
Jury Should Have Been Told Of Pretrial Settlement.
Plaintiff was injured in a car accident and sued alleging the drivers and owners of two other vehicles were at fault. One of the defendants settled with plaintiff, but a provision in the settlement required that defendant appear and participate as a party defendant at trial. A jury found the other defendant 60 percent liable […]
Structured Settlement Protection Act Applied.
The trial court approved transfer of structured settlement payments to a factoring company and ordered the payor insurance company to send the funds directly to the factor, and the insurance company appealed. The Structured Settlement Protection Act [SSPA; Insurance Code section 10134 et seq.] was passed to protect structured settlement payees from exploitation by factoring […]
Previously we reported: Jury Awarded Lawyer $5,000/Hour For Fees.
An attorney, who represented a client in two divorce cases and a related Marvin action [Marvin v. Marvin (1976) 18 Cal.3d 660 [134 Cal.Rptr. 815, 557 P.2d 106]] without a statutorily required written hourly or contingency fee agreement, sued his client for the reasonable value of the services he rendered in the three cases. The jury, […]
Arbitration Agreement In Employment Case Unconsionable.
In a wrongful termination action, the trial court denied defendant’s petition to compel arbitration because the agreement is procedurally and substantively unconscionable. On plaintiff’s first day of work, she was provided electronic access to the employer’s “onboarding system,” which included an arbitration agreement. Later the same day, plaintiff attempted to negotiate some of the terms […]
“Challenging Someone Equipped With A Badge, Handcuffs, And A Gun To ‘Arrest Me’ Was Unwise.” The Ninth Circuit.
This is the situation. It’s a busy juvenile court in L.A. County, and the deputy public defender [P.D.] went back to her office. The judicial officer had 53 cases to be heard and wanted the P.D. there, but the P.D. did not answer her pages or pick up her phone, even though she heard them. […]
“A Strong Spirit Transcends Rules,” Prince.
This is what happened: A young mother placed a 29-second video of her two little children in the kitchen dancing to Let’s Go Crazy by Prince on YouTube. She titled the video “Let’s Go Crazy #1.” During the video, the mother asks her 13-month old “what do you think of the music,” and he bobs […]
Pay The Two Dollars.
Class action plaintiff alleges a public entity operating a recreational park violates the Vehicle Code by issuing traffic citations based upon video camera images of a license plate, but not of the driver of a car in the park. An ordinance authorizes the entity to use “automated” photographic or video equipment to enforce another ordinance […]
Complex Scientific Causation Testimony.
Defendant is a pharmaceutical company and plaintiffs are persons who ingested a drug manufactured by defendant who allege they suffered from bladder cancer as a result of taking the drug for diabetes. At trial, plaintiffs’ expert testified that based on his performance of a differential diagnosis, he believed the drug was a substantial factor in […]
Summary Judgment Reversed By California Supreme Court.
The negligent driving of a third party motorist caused another car to strike a tree planted on a center median owned and maintained by a City. The collision resulted in death or injury to all the car’s occupants. Plaintiffs sued the City for a dangerous condition of public property. The City moved for summary judgment, […]
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