Plaintiff was injured in a collision and filed suit three and a half months later. Liability against the insured defendant was clear. Seven months after the collision, plaintiff provided medical records to the insurance company. Four months after that, the insurer tendered its policy limits of $100,000. Two years after that, after a bench trial, judgment […]
Code of Civil Procedure Section 998 Acceptance.
Plaintiff did not accept a pretrial settlement offer and did not obtain a more favorable judgment at trial. Defendant insurance company appealed from a postjudgment order denying the Code of Civil Procedure section 998, expert witness fees under it incurred in successfully defendant against plaintiff’s claims. The trial court denied the fees because the offer did not comply […]
Civilization In A Society Can Be Judged By Seeing Its Prisoners. Fyodor Dostoevsky.
After the realignment of California prisons, the State of California contended it was absolved of previous requirements for violations of the rights of disabled inmates. The federal district court rejected the argument and ordered renewal of negotiations. Obviously frustrated with the present situation, the first paragraph of the Ninth Circuit’s opinion reads: “Since 1994, disabled state […]
No More City Of Bell Wringing.
A former City Of Bell manager was prosecuted by the Attorney General and sued civilly for wasting City Of Bell funds. When requested by the former manager, the City Of Bell declined to provide the man with a defense. The former city manager brought an action against the City Of Bell for declaratory relief asking the court for a declaration […]
Another Malicious Prosecution Followed By AntiSLAPP Motion.
There was an underlying action for fraud, and almost two years later, a malicious prosecution action was filed by a defendant who prevailed earlier. The later action was against the earlier plaintiffs as well as their lawyers. In the malicious prosecution action, one lawyer successfully demurred, citing the statute of limitations set forth in Code […]
To Every [ Defamation ] Action There Is Always Opposed An Equal Reaction–Isaac Newton.
At the time a lawyer was representing plaintiffs in an underlying action against defendants [the plaintiffs in the present action] for RICO violations [18 U.S.C. § 1961], the lawyer issued a press release captioned “FBI SAID TO BE INVESTIGATING GETFUGU’S CARL FREER,” the defendants his clients were suing. Later, the same lawyer issued the following Tweet: “GetFugu […]
For Injuries Caused By Diseased Tree On Public Property, No Liability Against County.
Plaintiff was in a county-owned paved parking lot along the Sacramento River when a cottonwood tree fell on him, resulting in injuries. He brought an action for dangerous condition of public property and the trial court granted summary judgment based upon Government Code section 831.2. The appellate court affirmed, stating, “we conclude that [plaintiff’s] injuries were […]
Foiled By One Final Judgment Rule.
Plaintiff ophthalmologist, who lost her license to practice medicine, brought an action against another doctor for breach of fiduciary duty, among other causes of action. The defendant doctor cross-complained for defamation. The two had previously undertaken a venture to provide medical services to patients of a health maintenance organization and formed a corporation for that purpose. […]
Developer Dilemma.
As a condition of a city giving approval for a developer to build 96 condominiums on a parcel of land, the city required the developer to set aside 10 condo units at below the market rate and make a substantial contribution to a city fund. The developer proceeded with construction but challenged the city’s requirements pursuant […]
When Only Injunction Is Requested, No Duty To Defend.
In the early stages of litigation, a third party brought an action against an insured for injunctive relief only, plus a claim for punitive damages. Later, the third party prayed for compensatory damages as well as injunctive relief. At that point, the insurance company agreed to assume a defense under its Duty to Defend, but refused […]
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