Man caused serious injuries to others when, due to an epileptic seizure, he lost consciousness while driving. Injured people sued the man as well as the man’s doctor who informed the DMV that “everything is good,” resulting in the restoration of the man’s driver’s license. The trial court granted the doctor’s motion for summary judgment […]
Sometimes Okay To Allege Punitive Damages Against Kaiser.
A Kaiser Foundation Hospital refused to perform an MRI despite the recommendation of the patient’s chiropractor, two acupuncturists and Kaiser’s own physical therapy department. After denying approval for the procedure for three months, it was finally performed and revealed “one of the fastest growing types of osteosarcoma.” Surgery resulted in loss of the patient’s right […]
No Payment, No Award.
An arbitrator terminated proceedings for lack of payment of fees. A party asked the superior court to confirm the “award.” The trial court denied the motion and set the matter for trial. The appellate court affirmed. Cinel v. Christopher (Cal. App. Second Dist., Div. 1; February 16, 2012) 203 Cal.App.4th 759, [136 Cal.Rptr.3d 763].
Volunteer Coach Unvolunteered.
Volunteer coached fourth grade basketball team in an after school program. When a problem arose with one boy, the coach tried to work things out with his parents to no avail. The parents rallied others to remove the coach, and the coach was told not to return the next year. The coach, a lawyer who […]
Emotional Distress Damages For Pet Owner Upheld.
Neighbors had a long-standing dispute. At one point, the neighbor who owned a 12-15 pound dog named Romeo heard Romeo bark, then squeal, opened the gate to his yard and saw defendant holding a baseball bat. He called out, “Why did you hit my dog?” Defendant responded: “You need to be more courteous and get […]
No Domestic Partnership Prior To Death, No Survivor Benefits.
On a Saturday morning, two people completed a notarized declaration of domestic partnership. That afternoon, one of them died. The following Monday, the survivor filed the declaration with the Office of Secretary of State. Thereafter, the survivor applied for the decedent’s state pension survivor benefits. The administrative board of the state pension system ruled the […]
Insurance Company Can Require Insured To Obtain Its Consent Before Assigning Interest In Policy.
One Fluor Corp. assigned its rights under liability policies to another Fluor Corp. when they underwent complex corporate restructuring. In a declaratory relief action, the liability insurer objected that its approval was not given pursuant to a consent to assignment provision in the policy. Fluor contended the provision was void under an 1872 statute which […]
Marilyn Monroe’s Estate Estopped From Claiming A Posthumous Right Of Publicity.
Marilyn Monroe’s will was probated in New York which does not recognize a posthumous right of publicity. Both the federal trial and appellate courts concluded that because her executors consistently represented during the probate proceedings that she was domiciled in New York at her death to avoid paying California estate taxes, they are judicially estopped […]
Alleged Expanded Fraud Exception To The Continuous Ownership Rule Rejected.
Plaintiff brought a shareholder derivative action on behalf of a financial institution, a Delaware corporation, after it was acquired by a bank and merged into another corporation. The trial court affirmed defendant’s demurrer without leave to amend. Delaware’s continuous ownership rule requires a plaintiff in a shareholder derivative action to retain stock ownership for the […]
Laches Applied In Copyright Claim Based On Retired Boxer Jake La Motta In Raging Bull.
Works were registered with the Copyright Office in 1976 and assigned to a production company and then acquired by MGM who used them to make the film Raging Bull based on the life of a retired boxer, Jake LaMotta. Plaintiff acquired the renewal rights in the works and renewed the copyrights in 1991. In 2009, […]
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