Defendant made an Offer To Compromise pursuant to Code of Civil Procedure section 998, to settle the case for $100,000.49, and plaintiff did not accept. At trial, plaintiff was awarded $77,986 in compensatory damages and $1,400 in punitive damages. When defendant tried to collect his costs under the statute, plaintiff claimed his offer was invalid because the statute requires “a […]
Political Party Has Standing To Challenge California Law Requiring Political Signature Gatherers To Be Registered Voters In Same County Where Signatures Gathered.
Plaintiff Libertarian Party of Los Angeles County brought an action against California’s Secretary of State, seeking a holding that California’s Election Code [§§ 8066 & 8451] violates the First and Fourteenth Amendments because it mandates that those persons who collect signatures for the nomination papers of political candidates must be “voters in the district or political […]
When You Point A Finger At A Doctor, Back It Up, Or Get A New Trial.
Plaintiff was injured when an elevator fell six floors. One of the defendants asked a question at trial about whether or not a treating physician met the standard of care. The trial judge sustained the plaintiff attorney’s objection. During deliberations, the jury asked whether it could assign a percentage of responsibility to a person not listed […]
A “Search” Within The Meaning Of The Fourth Amendment Includes Using A Drug-Sniffing Dog On A Homeowner’s Porch.
Police received a tip that marijuana was being grown in a home. A surveillance team went to the home and watched it for 15 minutes. Seeing no activity, a detective and a trained dog handler with his drug-sniffing dog approached the home. The dog had been trained to detect the scent of marijuana, cocaine, heroin and […]
Abuse Of Discretion To Deny Plaintiffs Leave To Amend.
In another asbestos case against the same manufacturer, defendant contended the Court of Appeal could not consider the proposed amendments to the complaint because the pleading was not timely presented below. The appellate court did not buy the argument, stating the proposed pleading states causes of action for strict liability and negligence and that “a complaint […]
Despite The Fact Its Corporate Powers Were Suspended When The Appeal Was Filed, So Long As Corporation Was Reinstated, Plaintiff Corporation Was Permitted To Continue With Its Appeal.
Before trial, defendants learned that plaintiff corporation’s corporate powers had been suspended by the State of California due to nonpayment of taxes and moved for the trial court to preclude plaintiff from offering any evidence at trial. The court denied the motion contingent on the corporation’s reviving its corporate powers. Later, the court entered judgment in […]
Concealed Weapon Exception Narrowly Construed.
A trial court issued a peremptory writ directing the office of the District Attorney to afford a retired District Attorney investigator, who resigned from the D.A.’s office prior to retirement age, a hearing to determine if there is good cause to deny issuing him a certificate authorizing him to carry a concealed weapon and loaded firearm. […]
In A Motion For Class Certification In Securities Action, Proof Of Misrepresentations Or Misleading Omissions Is Not A Prerequisite.
In a securities fraud action brought by retirement plans under section 10b of the Securities Exchange Act of 1934, plaintiffs sought to certify a class. In such a class certification action, a plaintiff must prove reliance on a material misrepresentation or omission made by a defendant. Plaintiffs invoked the “fraud on the market” presumption which provides […]
CHP Owed No Duty Of Care To Bus Passengers Involved In Highway Collision.
An SUV was in a collision and came to rest on its side blocking at least one lane of SR 99 when a Greyhound bus came upon the scene and another collision occurred, resulting in the deaths of three bus passengers and three SUV occupants. In the litigation which followed, Greyhound cross-complained against the California Highway […]
Grant Of Judgment Notwithstanding The Verdict Reversed.
A ship used for marine education was having a live-on-board program when an adult drowned after “free-diving” off the ship. A jury returned a verdict finding liability on the part of the ship’s operator, but no negligence on the part of the ship’s owner. The trial judge made a post-jury verdict finding there was uncontroverted evidence […]
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