Plaintiff is a tenant in a building and alleges significant maintenance and repair issues, including airborne contaminants. According to the complaint, defendants had plaintiff evicted to perform significant repairs, but did no repairs, and would not permit plaintiff to take possession again. So, plaintiff brought an action for breach of warranty of habitability and several […]
Because Court Rejected Proposed Special Verdict Form Judgment In Jury Trial Reversed.
Defendant in an automobile accident case submitted a special verdict form that would have required the jury to consider the fault of both parties, as well as a non-party, for purposes of allocating liability for plaintiff’s noneconomic damages. According to plaintiff, she was a passenger in the back seat of a car stopped at a […]
Class Action Not Certified.
A home warranty provider, the defendant in this action, records all incoming and outgoing telephone calls. A customer placing an inbound call is told: “To ensure the highest quality service your call may be monitored or recorded.” Plaintiff filed a class action against the defendant alleging it violates Penal Code section 632 which prohibits the intentional […]
California Has Specific Jurisdiction & Defendant Must Defend Itself Here.
In an attempt to collect a judgment, a bank sued a New Zealand company for fraudulently transferring and sequestering the debtor’s assets. The trial court granted the New Zealand company’s motion to quash service of summons for lack of personal jurisdiction. On appeal, the appellate court framed the issue as follows: “The primary issue presented is […]
Service Of Process On A Corporation In California.
Our Code of Civil Procedure provides a number of ways to serve process on a corporation doing business in the state. The most common method is by service on the corporation’s designated agent for service of process. (Code of Civil Procedure section 416.10, subdivision (a).) Otherwise, a corporation may be served by personally delivering a summons and complaint […]
Surprise No Medical Records!!
Surgeons implanted a biliary stent in plaintiff during emergency abdominal surgery in 1996. Plaintiff alleges he was unaware it was there until August 2010 after he sought treatment for abdominal pain. In April 2011, plaintiff brought an action against the health care providers who treated him in 1996 and 1997. Defendants successfully demurred on statute of […]
A Foster Child Alleged Molestation But Government Claim Was Not Timely Filed.
A foster child alleged molestation by the foster father for two months during 2009, but now contends the cause of action against the county did not accrue until March, 2012 after legal counsel obtained an police investigator’s follow-up report dated January 14, 2011. A government claim was filed in May 2012. The minor disclosed the molestation […]
Jurisdiction To Enter A Nunc Pro Tunc Judgment.
A husband and wife were orally granted dissolution of their marriage and the court reserved jurisdiction on all other issues. Two weeks later, the husband died, and three days after that, the court entered the written dissolution of marriage. Counsel for the deceased husband requested the court enter the judgment nunc pro tunc to a date […]
Diversity Jurisdiction Alleged On Information And Belief.
Plaintiff filed an action in federal court asserting federal diversity jurisdiction. The trial court dismissed it without leave to amend because plaintiff failed to allege the citizenship of any of the defendants who are limited liability companies. The court did not accept a proposed amended complaint because plaintiff pled its jurisdictional allegations on information and belief. […]
Spousal Support When Domestic Violence Restraining Order Pending.
The trial court denied a wife’s request for spousal support pending the resolution of her application for a restraining order. Family Code section 6341(c) states in part: “If . . . no spousal support order exists, after notice and a hearing, the court may order . . . spousal support . . . the court shall […]
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