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. […]
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 […]
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 […]
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 […]
Arbitration Agreement Lacking Specific Provisions About How Arbitration Will Be Conducted Found To Be Enforceable.
A trial court denied a petition to compel arbitration, finding there was no valid arbitration agreement because there was no specification about what agency or person would conduct it or how the arbitrator would be selected. The appellate court reversed, stating “because the court has the power to appoint an arbitrator under [Code of Civil Procedure] […]
Doctrine Of Quasi-Judicial Immunity And The Litigation Privilege Preclude Man From Suing The Guardian Ad Litem Appointed By The Court During His Divorce Proceeding.
After a husband’s lawyer informed the judge on the day trial was to begin that his client had checked himself into a hospital in Massachusetts for severe depression, the court refused to grant a continuance without evidence of the man’s condition. The next day the lawyer presented a letter from the man’s physician, and the judge, […]
What’s The Juvenile Court To Do With Truants. . . .Ferris Bueller’s Day Off?
A 15-year-old is a habitual truant; he missed 255 school periods without a valid reason. He was declared a ward of the juvenile court. The court directed him to reside in the home of his parents, attend school daily, comply with a 6:00 p.m. curfew and not stay away from home overnight without permission of probation […]
In Pregnancy Discrimination Case Different Result Second Time Around.
Last year, we published the following: Pregnancy Discrimination Verdict Upheld. Woman employee was fired three hours after returning from pregnancy leave. In her action alleging wrongful termination and violation of the California Fair Employment and Housing Act [FEHA, Government Code section 12940], a jury awarded her $10,000. After the verdict, the court granted her $50,858.44 […]
Attorney Fees And Costs Properly Awarded To Interpleader.
Wife is found dead in the street outside the home she shared with husband. Her death is investigated as a homicide. Husband, who is the sole beneficiary on wife’s life insurance policy, is a suspect. Life insurance company files an interpleader action and deposits the policy benefits plus interest with the trial court. Wife’s mother, who […]
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