In an action alleging investment mismanagement, defendants petitioned the court to compel arbitration. In opposition, plaintiffs argued, and supported their arguments with declarations, they were never provided with any agreements containing arbitration provisions, and what agreements they did enter were void for fraud in execution. The trial court ordered the case into arbitration, and plaintiffs […]
NCAA’s Dirty Laundry To Be Aired In Public.
A former assistant football coach at the University of Southern California sued the National Collegiate Athletic Association [NCAA] for breach of contract, defamation and other torts after the NCAA issued its report on infractions about whether or not a running back named Reggie Bush received improper benefits while a student. The NCAA filed a motion […]
Disentitlement Doctrine Results In Dismissal Of Appeal For Refusing To Follow Court’s Orders.
In a dispute over a family trust, the trial court ordered defendant to do certain things. Instead of filing an accounting or quitclaiming certain property to the other party as ordered, defendant did not file the accounting and quitclaimed the property to her daughter instead of to the person she was ordered to quitclaim it, […]
Trial Court Erred In Excluding Expert Opinion Testimony.
An excess insurance carrier covering Costco sued a tire manufacturer and its insurance carrier to recover sums the excess carrier expended in settlement of a personal injury claim resulting from tire defects. Both Costco and the tire manufacturer settled with the plaintiff in the underlying case. In a motion in limine in the present case, […]
Another Limitation Of The Attorney-Client Privilege.
This case involves an intersection between two rules involving the attorney-client privilege. One rule is that in a lawsuit between an attorney and a client based on an alleged breach of a duty arising from the attorney-client relationship, attorney-client communications relevant to the breach are not protected by the attorney-client privilege. Another rule is when […]
Summary Judgment Reversed.
Plaintiff lived in a State-owned rental unit on the grounds of San Quentin prison, and he walked from his residence to the prison building where he worked. One day, a concrete step on a staircase collapsed underneath him and he suffered injuries in a fall. He filed a lawsuit and the trial court granted the […]
Judgment In Personal Injury Case Reversed After Trial Judge Told Jury Plaintiff Was An Undocumented Immigrant.
In a lawsuit involving a rare lung disease allegedly caused by a toxic workplace substance, one of the elements of damages was the cost of a future lung transplant. In a motion in limine, the plaintiff sought an order prohibiting the defense from mentioning he was an undocumented immigrant. The defense argued that since plaintiff might […]
No Respondeat Superior For Acts Of Independent Contractor.
A production company hired a medical doctor as its performer’s personal physician for a concert tour. The performer died of acute intoxication by drug while under the doctor’s care. The performer’s family sued the production company for negligent hiring, retention and supervision of the doctor. The trial court granted summary adjudication for negligence and respondeat […]
Limitations Of Psychotherapist/Patient Privilege.
A criminal defendant’s step-daughter told her mother defendant had been sexually abusing her for a number of years. After police contacted defendant, he threatened suicide and was admitted to a psychiatric hospital pursuant to Welfare and Institution Code section 5150, for a 72-hour hold. During that hospitalization, defendant told a doctor and a nurse about […]
City Council Gone Wild.
A long-established restaurant sits in a trendy marina area that includes a number of restaurants, bars, residences and condominiums. A City’s planning commission voted to approve the restaurant’s conditional use permit to allow it to have a patio cover and remain open until 2:00 a.m. on weekends with dancing inside the restaurant. The idea was […]
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