The National Football League and its intellectual property marketing arm have been sued in multiple states by dozens of former players alleging lifelong brain damage from on-field injuries dating back to the 1950’s. In this case the plaintiffs, National Football League and NFL Properties LLC, seek a Los Angeles Superior Court declaratory relief judgment regarding the […]
When There Is A Fee Waiver, Superior Court Cannot Require Posting Of Jury Fees.
In an unlawful detainer action, the trial court found that defendant had waived a jury trial because no jury fees had been posted, despite the fact the superior court had previously granted a fee waiver. A court trial was held, and judgment was entered for the plaintiff. On appeal to the appellate division of the superior […]
No Minimum Contacts.
Plaintiff alleged he tried to start a personal watercraft manufactured by defendant, and the watercraft caught fire, causing him serious injuries. He claimed the manufacturer was negligent for failing to inform him of a recall of the watercraft for a defective fuel tank. The manufacturer cross-complained against the successor-in-interest of the manufacturer of the fuel tank, […]
Postjudgment Orders Directing Issuance Of A Letter Rogatory Reversed.
The appellate court’s words say it all: “In this appeal from postjudgment orders directing issuance of a letter rogatory requesting registration of judgment liens against properties of the judgment debtor in Mexico and restraining the debtor from transferring its right to payment upon the sale of those properties, we must decide two issues of first impression […]
When Trying To Effect Service Of Process In Unlawful Detainer Cases What Is “Reasonable Diligence?”
Code of Civil Procedure section 415.45, provides that summons may be served on an unlawful detainer defendant by posting it on the premises, along with notice sent by certified mail to that address, if the court determines that “the party to be served cannot with reasonable diligence be served in any manner specified in this article [i.e., […]
Watch Out For That Nonsettling Party!
In a construction defect case, a homeowners association settled with all but one party, a roofing company. After the settling parties signed the settlement agreement, one of the defendants dismissed its cross-complaint against the nonsettling party, mailing its written notice of dismissal on July 14, 2011. The nonsettling party filed a cost bill on August 2, […]
Parties May Reserve Issue Of Prevailing Party In Settlement Agreement.
The parties to a litigation settled their dispute pursuant to a written settlement agreement, which stated: “This Settlement Sum is exclusive of attorney’s fees and costs. . . . [¶] [Plaintiff] shall apply to the Court by way of a motion for such attorney’s fees and costs incurred in the Action pursuant to California Civil Code […]
Even Though Only A Daughter Was Sexually Abused By Her Father, Are All The Abuser’s Children Dependents Of The Juvenile Court, Both Sons And Daughters.
The words of the California Supreme Court speak for themselves: “[W]e must decide whether a father’s sexual abuse of his daughter supports a determination that his sons are juvenile court dependents when there is no evidence the father sexually abused or otherwise mistreated the boys, and they were unaware of their sister’s abuse before this proceeding […]
The Buck Stops With The District Attorney, Not The State Of California.
A man who spent 24 years in prison after being convicted of murder because of the perjured testimony of a jailhouse informant, filed an action under 42 U.S.C. § 1983, claiming the Los Angeles County District Attorney’s Office failed to create any system for deputy D.A.’s handling criminal cases to access information pertaining to the benefits […]
Seeking Lower Rates From A Court Reporter Must Be Done In Original, Not A New, Action.
In a construction defect action, the plaintiff added a defendant to the action after 57 depositions had been taken. The new defendant requested copies of those 57 depositions, and the court reporter quoted $2 per page, or $16,000. The new defendant offered to pay $30 flat rate in exchange for a computer disc containing uncertified copies […]
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