Defendant was convicted of criminal copyright infringement and trafficking in counterfeit labels. The district court gave the following instruction: “An act is done ‘knowingly’ if the defendant is aware of the act and does not act through ignorance, mistake or accident. The government is not required to prove that the defendant knew that his act was […]
No Respondeat Superior.
An employee was employed by defendant as a directional driller. He had the option of using his personal vehicle or being assigned a company truck and chose the latter. According to defendant, at the time the truck was assigned, his supervisor told him he could use the company vehicle to get to work and back and […]
Employer Argues Labor Commissioner Delay Resulted In Loss Of Witness.
A security guard complained to his employer about not receiving his paychecks and said he would go to “the Labor Board.” He was fired. Over three years later, the Labor Commissioner determined “there is reasonable cause to believe [the employer] violated the Labor Code,” and directed the employer to cease and desist retaliation, offer the employee […]
Duty To Defend Despite A Self-Insured Retention Clause.
The issue here involved a Self-Insured Retention [SIR] clause in an insurance policy. The appellate court noted that some insurance policies expressly and unambiguously make payment of a SIR obligation a condition of any obligation under the policy, including the duty to defend. Here, the policy stated in relevant part: “1. Our total liability for […]
Shopping For A Friendlier Jurisdiction?
An insured brought an action against its insurance company for bad faith. After spending a substantial amount of time litigating the matter in superior court, the parties stipulated to have their disputes resolved through binding arbitration. The arbitrator found in favor of the insured and awarded $3,696,414. The insurer filed a petition to vacate the award […]
No Retroactivity Of California Rules of Court, Rule 8.278 Amendment.
Respondent/defendant borrowed money to deposit with the trial court in lieu of securing an appeal bond. After being successful on appeal, it recovered more than $200,000 for interest paid on the borrowed funds as a cost of appeal. Those costs were included in an amended judgment from which the current appeal was taken. Despite the fact […]
I Can’t Believe It’s Not Butter.
Plaintiff brought an action against a food manufacturer and a grocery chain for product mislabeling in violation of California Milk and Milk Products Act of 1947 [Food & Agricultural Code section 32501; MMPA] alleging products called “spreadable” butter are not butter. Defendants contend the action is preempted by federal food labeling standards. The trial court found […]
Arbitration Award Tossed For Appearance Of Arbitrator Partiality.
After an adverse arbitration award in a legal malpractice action, the losing party plaintiff searched the internet for evidence of bias on the part of the arbitrator. She found a link to the arbitrator’s resume, which listed a named partner in the defendant’s law firm as a reference. The trial judge denied a petition to vacate […]
Court May Defer Sending Fire Claim For An Appraisal.
In a class action brought by victims of fire losses, plaintiffs contend the insurance company followed illegal adjusting practices contrary to Insurance Code section 2051, subsection (b), which permits “reasonable deduction for physical depreciation based upon its condition at the time of injury.” As examples, they submitted claims for a 10-year-old set of lead crystal longchamp […]
Offset For Economic and Noneconomic Damages In Medical Malpractice Case.
When the plaintiff regained consciousness after surgery to stop nose bleeds, he was blind in one eye. He brought an action against the manufacturer of a device used in the surgery, against the hospital where the surgery was performed and against the doctor who performed the surgery. Plaintiff settled with the manufacturer for $2 million and with […]
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