The trial court precluded plaintiff’s use of expert witnesses in a medical malpractice case on the ground plaintiffs unreasonably failed to timely disclose their designated trial experts after receiving a statutory demand from defendants. The initial trial date was February 14, 2012. Defendants served their demand for expert exchange on December 6, 2011 [70 days […]
Court Erred In Granting Summary Adjudication On Liability Alone.
After several years, one party to a contract decided it became economically infeasible to continue supplying its product at the contract price. When negotiations to resolve the issue failed, the other party filed suit and then moved for summary adjudication on the issue of liability for breach of contract, but not on the issue of […]
Lawyer Personally Responsible For Law Corporation ’s Debt.
A law corporation obtained a business line of credit from a bank in 1997. The law corporation defaulted on the loan in 2008. The bank brought an action against the law corporation and obtained a judgment against the law corporation. The bank later asked the trial court to add the lawyer as a judgment debtor, […]
New Trial Because Court Permitted Irrelevant Evidence Of Decedent’s Marijuana Use.
A man was standing near his car after a freeway accident when he was struck and killed by a police car. The trial court concluded evidence of the decedent’s marijuana use was relevant to assess any fault attributable to him in his minor daughter’s wrongful death case. A jury apportioned fault of 14 percent against […]
California Evidence Code Privilege Statutes Apply In Workers’ Compensation Proceedings.
At some point in a workers’ compensation proceeding, the injured worker noticed the deposition of the claims adjuster and requested unprivileged documents. The employer produced a privilege log, identifying certain documents contained in the claims file as exempt from disclosure under “one or more privileges recognized by California Evidence Code.” At the claims adjuster’s deposition, […]
Less Water For The Crops.
After young salmon died along the Russian River during a cold month in a dry year, federal scientists concluded the deaths were caused by abrupt declines in water level after water was drained to spray on vineyards and orchards. The State Water Resources Board adopted a regulation “that is likely to require a reduction in […]
Traffic Camera Evidence Properly Admitted (Get Out Your Checkbook!).
A woman was cited for failing to stop at a red light. Evidence against her was generated by an automated traffic camera enforcement system [aka red light traffic camera]. She objected to the admission of the traffic camera photograph and 12-second video on the basis of lack of foundation. At her infraction trial, a City […]
Superior Court Lacks Jurisdiction.
Plaintiff filed an action in superior court seeking an injunction to stop members of the Public Utilities Commission [PUC] from proceeding with a meeting “since the commission would not permit her to attend the meeting because of her affiliation with the Sierra Club, the meeting violated the Bagley-Keene Open Meeting Act. (Government Code section 11120). The […]
Flaws Found In Sampling Approach To Wage And Hour Case.
A wage and hour class action went all the way through to verdict. The trial court devised a plan to determine the extent of liability to all class members by extrapolating from a random sample. In the first phase of trial, the court heard testimony about the work habits of 21 plaintiffs, and defendant was […]
Class Action Settlement Reversed.
Plaintiffs brought an action against defendants for advertising a bracelet as a revolutionary bracelet that uses the body’s “biofield” to improve strength and wellness. Alleging the advertising claims were false, plaintiffs sought injunctive relief and damages on behalf of all persons in the United States who purchased a bracelet. Defendants agreed to settle the lawsuit, […]
- « Previous Page
- 1
- …
- 9
- 10
- 11
- 12
- 13
- …
- 36
- Next Page »