In an excessive force wrongful death action against police officers, a jury found that two of the three officers did not use excessive force and the third did use excessive force, but, that force was not a substantial factor in causing the death. The court entered judgment in favor of defendants and awarded defendants costs […]
Employer Can’t Have It Both Ways Independent Contractors.
Defendant’s business arranges for transportation of cargo from the Long Beach and Los Angeles ports to warehouses, and plaintiffs are truck drivers. Prior to implementation of a clean air program at the ports in 2008, truck drivers generally owned their own trucks and worked as independent contractors. After the clean air program was implemented, older […]
The Morning-After Pill.
A Commission in the State of Washington regulates the practice of pharmacy. Violation of the Commission’s rules constitutes grounds for revocation of a pharmacy license. The rules require a pharmacist to deliver lawfully prescribed drugs or devices to patients, and a pharmacy objecting to the rules may not refer a patient to another pharmacy. The […]
Extrinsic Evidence Considered In Motion To Quash.
In an unlawful detainer action in which the defendant filed a motion to quash contending she was not properly served with the three-day notice to pay rent or quit in a manner prescribed by law. She included evidence the notice was left on the ground in an unmarked envelope on the side of her apartment […]
Probate Court May Reform A Will If There Is Clear And Convincing Evidence Establishes Mistake In Testator’s Intent.
A man prepared a holographic will providing that, upon his death, his wife would inherit his estate and that if he and his wife died at the same time, specific charities would inherit his estate. The handwritten will, however, contained no provision addressing the disposition of his estate if, as occurred here, he lived longer […]
Out-Of-State Pro Hac Vice Class Action Lawyer Denied Fees.
In a class action involving a retailer’s practice of requesting personal information from consumers during credit card transactions, the settlement agreement between the parties provided the retailer would not oppose class counsel’s application for court approval of attorney fees and costs in the amount of $210,000 and payment to plaintiff of an incentive award in […]
One Trial Judge Cannot Overrule Another Trial Judge.
In a marital dissolution action, Judge #1 ruled an agreement was not enforceable. Judge #2 reconsidered the matter over three years later, on the court’s own motion, and ruled the agreement was enforceable. On appeal, the wife asserted Judge #2 erred in granting reconsideration of Judge #1’s ruling. In reversing, the Court of Appeal found […]
Hearsay Evidence Twist:
In a criminal matter involving drugs being smuggled from Mexico into the U.S., the defendant was precluded from testifying about the “favors” a friend in Mexico had asked of him. Defendant’s contention was that in granting his friends “favors,” he had been manipulated into smuggling drugs across the border. One “favor” was a request defendant […]
Telephone Call Sufficient Contact For Jurisdiction In California.
A California lawyer made a telephone call to an Arizona lawyer to inquire about title and ownership of equipment the California lawyer’s client was contemplating buying from a Texas company. He left a voicemail message, and the Arizona lawyer returned the telephone call. The Arizona lawyer represented he was the lawyer for the Texas company, […]
$3,751,969 Personal Injury Verdict Affirmed.
In a special verdict, a jury found two defendant motorists were negligent but concluded only one of them was a substantial factor is causing injuries to a bicyclist on a sidewalk. Thus, only one of the defendants was held responsible for plaintiff’s personal injury verdict of $3,751,969 in damages. On appeal the defendant who was […]
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