Former vice-president of a bank published 21 allegedly defamatory statements in the “Rants and Raves” section on Craigslist. One of the postings was: “Being a stockholder of this screwed up Bank, this year there was no dividend paid. The bitch CEO that runs this Bank thinks that the Bank is her [personal] Bank to do […]
Noneconomic Damages Recoverable Despite Plaintiff’s Lack Of A Driver’s License.
Plaintiff, who was unlicensed, suffered serious and permanent brain injuries in a car accident. A jury awarded her $31,656,208. Defendant, who admitted liability, argued Civil Code §3333.4 prevented plaintiff was recovering $22,000,000 of the award, the portion for noneconomic damages. The vehicle the plaintiff was driving was purchased and insured by her father. Section 3333.4 […]
Where’s The Dotted Line?
Defendant made an offer pursuant to Civ.Proc. §998 to settle the case for $100,000.49, and plaintiff did not accept. At trial, plaintiff was awarded $77,986 in compensatory damages and $1,400 in punitive damages. When defendant tried to collect his costs under the statute, plaintiff claimed his offer was invalid because the statute requires “a statement […]
A Motion For Summary Judgment Gets Even More Difficult.
An appellate court held a failure to provide opposition to objections raised by the other side in the trial court on summary judgment bars a party from challenging on appeal the trial court’s order sustaining unopposed evidentiary objections. Tarle v. Kaiser Foundation Health Plan (Cal. App. Second Dist., Div. 3; May 22, 2012) 206 Cal.App.4th […]
Marijuana Users Not Protected By The ADA.
Severely disabled residents of two California cities were authorized by doctors to use marijuana for medical purposes. Use of marijuana is permitted under California law, but prohibited under federal law. The Ninth Circuit decided the individuals covered under the Americans with Disabilities Act [ADA] do not include persons engaged in the illegal use of drugs. […]
Provision In Arbitration Agreement Contrary To Public Policy.
Plaintiff sued a nursing home alleging negligent care and treatment. Defendant petitioned to compel arbitration, which the trial court granted, after severing the attorney fee provision which stated the parties would bear their own attorney fees and costs. The trial judge explained that provision was contrary to the Elder Abuse Act [Welfare and Institutions Code […]
Foreclosure or Short Sale: Strategies for Homeowners Video Release
Attend the release viewing of Mark Mellor’s New DVD/ Informational Video “Foreclosure or Short Sale: Strategies for Homeowners” at our office tomorrow 5:30 p.m. 6800 Indiana Avenue, Suite 220, Riverside, CA 92506; (951) 221-4744. In return for the advanced viewing, Mr. Mellor wants to hear your constructive criticism for making improvements to the DVD before final […]
When You Point A Finger At A Doctor, Back It Up.
Plaintiff was injured when an elevator fell six floors. One of the defendants asked a question at trial about whether or not a treating physician met the standard of care. The trial judge sustained the plaintiff attorney’s objection. During deliberations, the jury asked whether it could assign a percentage of responsibility to a person not […]
Website Alleged To Have Shared User Data Settles For $38 Million.
The company that operates Proflowers.com and RedEnvelope.com has agreed to a $38 Million settlement of a class action law suit alleging that it violated its own privacy policy when it shared user data with a marketing partner without user consent. The plaintiffs alleged that they were harmed because the partner, an operator of a discount […]
Vicarious Liability For Spam Texts.
Spam is irritating, whether it comes by e-mail or text message, even though it’s actually pretty easy just to delete it. A group of customers of Heartland Automotive Services, a franchisee which operated Jiffy Lube service stations, found the spam texts they received sufficiently annoying that they initiated class proceedings: In re: Jiffy Lube Int’l […]
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