In a civil rights case, the district court vacated an award for attorney fees and reduced it from $3.2 million to $500,000, and reduced costs sought from $900,000 to $100,000 without explanation. The Ninth Circuit reversed, stating: “While it identified the correct rules, it provided no explanation for how it applied those rules in calculating the […]
Insufficient Evidence In Support Of Motion To Amend To Seek Punitive Damages Against Hospital.
A hospital was allegedly negligent with regard to two surgeries performed on a patient. Plaintiff filed a motion to amend to seek punitive damages, alleging three new causes of action: Violation of Health and Safety Code section 24170 [the Protection of Human Subjects in Medical Experimentation Act]; fraud; and negligence per se. Evidence submitted in support […]
The Holder Rule Permits Action Against A Lender To The Same Extent An Action Could Be Brought Against The Seller Of A Mobile Home.
Plaintiffs bought a motor home that was financed with an installment contract. Shortly after the sale, the contract was assigned by the dealership to a bank. Plaintiffs assert the motor home was defective from the start. After months passed without the demanded repairs being made, plaintiffs disclaimed their ownership in the vehicle and sued the dealership. […]
Nonsignatory To Arbitration Agreements May Not Compel Arbitration.
Plaintiffs each own a 2010 Toyota Prius. They signed arbitration agreements with dealerships. The car manufacturer sought to compel arbitration under those arbitration agreements, and the district court denied the request because the manufacturer was a nonsignatory to the arbitration agreements, and because it waived any right to compel arbitration by vigorously litigating the action in […]
Litigation Privilege Does Not Protect Attorneys.
Plaintiffs sued their neighbors for dumping contaminated debris on their property. The court ordered the neighbors’ lawyers to disburse certain funds if their clients did not clean up as ordered. When the neighbors did not remove the debris, their lawyers “disbursed the funds in a manner contrary to plaintiffs’ interest in remediating the debris on their […]
Ignoring An Offer to Compromise Under § 998 May Be Costly.
After two trials and a remitter, a medical malpractice case appeared to be over when judgment was entered for $1,437,276. But the parties soon became embroiled in an issue over costs. Two months after the complaint was served, plaintiff had served on defendant a document entitled “Acceptance of Plaintiffs’ Offer to Compromise Pursuant to [Section] 998 […]
Insufficient Evidence To Defeat An Anti-SLAPP Motion.
Plaintiff brought an action for sexual assault against her employer and two co-employees. One of the co-employees cross-complained against plaintiff for defamation and intentional infliction of emotional distress. The trial court granted plaintiffs motion to strike under the anti-SLAPP statute [Code of Civil Procedure section 425.16] and dismissed the cross-complaint, and the co-employee appealed. After concluding […]
Superior Court Told To Bow Out Of Retaining Jurisdiction.
The parties had a disagreement about a lease. The superior court retaining jurisdiction after trial “to make further orders, including injunctions, if necessary in the future to effectuate and or enforce the Court’s judgment.” The appellate court reversed that portion of the judgment, stating: “We are concerned with the court retaining jurisdiction for the life of […]
Specific Statutes Take Precedence Over Older And More General Statutes.
Plaintiff filed suit for breach of contract to make a will 91 days after rejection by the estate of his claim but within a year of the decedent’s death. The administrator of the estate is the defendant, and her demurrer was sustained without leave to amend after the trial court found plaintiff’s suit was time barred. […]
Transcript Of Police Recording Admissible As A Party Admission.
In Kincaid v. Kincaid (Cal. App. Second Dist., Div. 4; July 6, 2011) 197 Cal.App.4th 75, [127 Cal.Rptr.3d 863, 2011 DJDAR 10048], the mother of decedent, who committed suicide, brought a wrongful death action alleging torture, sexual abuse, and death against her former husband, who was decedent’s step-father. The defendant, moved for summary judgment. In her opposition to the […]
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