A non-resident of a California drug manufacturer is presently in a coordinated proceeding involving an alleged defective drug in a California superior court by concession. Identical defect claims have also been brought by non-residents of California in the same proceeding, but the manufacturer moved to quash service regarding the non-residents, claiming lack of persona jurisdiction. […]
When One Brings A Technical Summary Judgment Motion, One Must Also Meet All Technicalities, Both In The Trial Court And On Appeal.
Plaintiff was exposed to asbestos from the defendants’ products or activities when he worked in various construction trades. The trial court granted summary judgment in favor of all defendants. The appellate court affirmed as to all but one defendant, stating the majority of defendants met their initial burdens on summary judgment and the evidence and […]
Summary Of Documents Supported By Declaration Based On Information And Belief Found To Be Enough To Support The Grant Of Summary Judgment.
Evidence in support of a motion for summary judgment included the declaration based on information and belief of a lawyer representing the moving party in which he avers he has “personal knowledge of the foregoing, except as to those matters stated on information and belief.” He indicates in his declaration he reviewed the 80 documents […]
Sanctions Against Lawyer Reversed.
Plaintiff sued the State of California for dangerous condition of public property. Discovery disclosed the State did not own, control or maintain the property, and the State warned the plaintiff’s lawyer that it would seek sanctions pursuant to Code of Civil Procedure section 1038, if the complaint was not dismissed, which provides for mandatory defense […]
The Continuing Chronicles Of Proving Cost Of Medical Treatment.
In a personal injury action, defendants filed a motion in limine to exclude testimony by plaintiffs’ nonretained treating physicians on any expert opinions that were not formed at the time of and for purposes of treatment, but instead were formed for purposes of litigation. Defendants argued that Plaintiffs had listed 25 individual, nonretained treating physicians […]
Named Plaintiff Had No Authority To Speak For Putative Class; Extraordinary Relief Denied.
Counsel for the named plaintiff in a class action and the defendant reached a settlement and stipulated to the appointment of a temporary judge for the purpose of ruling on the motions for preliminary and final approval of the settlement. The superior court declined to appoint the temporary judge on the basis that counsel for […]
Sabre Rattling Does Not A SLAPP Action Make.
After an attorney sent letters threatening litigation over a contract dispute, a plaintiff filed a declaratory relief action. The defendant, the one whose lawyer threatened litigation, filed an anti-SLAPP motion pursuant to California Code of Civil Procedure section 425.16, which the trial court denied. In affirming the denial of defendant’s anti-SLAPP motion, the appellate court […]
Arbitration Agreement Not Unconscionable.
Plaintiff and defendant entered into an employment contract. One of the provisions stated: “All disputes among the parties arising out of or related to this Agreement which have not been settled by mediation shall be resolved by binding arbitration within the State of Washington. . . .” Another provision stated: “This agreement shall be governed by, construed […]
Plaintiff Allowed 128.7’s Safe Harbor Period To Come And Go Against Real Estate Agent, And The Court Ordered Her And Her Lawyer To Pay $60,000 In Defense Attorney Fees.
Plaintiff purchased a home from defendants. Two years later, plaintiff brought an action against defendants and their real estate agent to recover damages for their failure to disclose defective subfloors in the home. The real estate agent moved for terminating and monetary sanctions against plaintiff and her counsel pursuant to Code of Civil Procedure section […]
Too Late To Sue For Patent Defects.
In 1993, the Los Angeles County Metropolitan Transportation Authority (MTA) completed the rail station at 4th Street and Hill Street in Los Angeles. In 2011, plaintiff fell on a stairwell at the station. Alleging that the stairwell was “too small” and that its banister was “too low,” plaintiff sued the MTA. The MTA cross-complained against, […]
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