After granting the plaintiff leave to amend a few times, the trial court finally sustained defendant’s demurrer without leave to amend. The court’s ruling was reflected in the minute order, which stated in part that the court’s decision rested on “the reasons stated in open court.” But there was no court reporter present, so there […]
A Private Property Owner May Not Limit The Remedy Of A Neighbor Property Owner.
In expanding, a ski resort dug a water retention basin to change its drainage system. The diverted run-off adversely affected 180 downhill condominium units. A lawsuit resulted, and the trial court granted a permanent injunction that requires the ski resort to remove its retention basin. On appeal, the ski resort argued there was no entitlement […]
It Doesn’t Get Much Sadder Than This.
A mom, dad and their three children checked into a tennis club hotel for their vacation to celebrate the sixth birthday of the family’s twin boys. They requested a room on the first floor; when none were available, they checked into a room on the second floor. Mom was looking through brochures to plan the […]
Class Action Against Company Over Pension Plan To Go Forward.
After the value of a manufacturing company’s common stock fell, plaintiffs filed a class action under the Employee Retirement Income Security Act [ERISA; 29 U.S.C. § 18] against the company and its board of directors, alleging defendants breached their fiduciary duty under ERISA. The federal district court dismissed the company on the ground it was […]
Failure To Warn.
When a teenage girl and her older sister, wearing only their two-piece bathing suits, boarded a personal watercraft [PWC], they were given no instructions of any kind, safety or otherwise. Printed on a label located under the handlebars on the console of the PWC was: “WARNING. . . severe injuries to body cavities can occur […]
Okay For Trustee To Appear In Propria Persona.
The specific facts in this case are not important but the legal holding is. Relying on precedent, the trial court ruled that an executor or personal representative may not appear in propria persona in court proceedings outside the probate context on behalf of a decedent’s estate because representing another person or entity’s interest in a […]
Stolen Veterans Benefits And Valor.
A defendant served in the U.S. Marines a little over a year after the Korean War ended. His discharge document, known as a DD-214, states “N/A” with regard to medals awarded and wounds sustained. More than 40 years later, he filed a claim for Post-Traumatic Stress Disorder [PTSD], claiming he suffered PTSD as a result […]
Unsuccessful False Advertising Claim Based On Misrepresentations In Commercial E-Mails.
Business and Professions Code section 17529.5 states it is unlawful to advertise in a commercial email when it contains or is accompanied by falsified, misrepresented or forged header information. The plaintiffs here brought an action under that statute on the theory the advertiser “sent them unsolicited commercial email advertisements purporting to be from ‘Proactiv Special […]
Vexatious Litigant Defendant Who Appeals.
In 2011, the Legislature amended Code of Civil Procedure section 391.7, to provide expressly that a presiding justice, as well as a presiding judge, is authorized to permit the filing of new litigation by a vexatious litigant subject to a prefiling order. This appellate opinion states that a vexatious litigant defendant who appeals from an […]
Previously We Reported: No Common Law Duty For Businesses To Have Defibrillators Available.
A woman suffered a cardiac arrest while shopping at Target. Paramedics took several minutes to arrive and then maneuver through the store, and were unable to revive the woman. The woman’s family filed an action in state court, and Target removed it to federal court. The suit contends that Target breached the duty of care […]
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