A minor was injured by a falling tree branch in a park and sued a City. Trial was set for January 14, 2013, and on January 8, 2013, the parties entered into a written stipulation to continue trial to October 28, 2013. On October 14, 2013, the parties entered into a second stipulation to continue […]
Summary Judgment, Granted To Defendant Based On A Broad Release In An Underlying Action To Which Defendant Is A Stranger, Reversed.
The underlying case involved allegations of breach of contract regarding intellectual property. After protracted litigation, there was a settlement agreement; the agreement included a broad release clause, which stated in part: “. . . do hereby irrevocably and unconditionally release and forever discharge each other and each of their respective past, present, and future affiliates, […]
Appeal Or Order Granting Motion To Strike SLAPP-back Case Dismissed For Lack Of Jurisdiction.
Code of Civil Procedure section 904.1, subdivision (a), subsection (13), states: “An appeal. . . may be taken from any of the following: [¶] (13) From an order granting or denying a special motion to strike under Section 425.16.” In the present case, the plaintiff/appellant had specifically pled the claim was a SLAPP-back cause of […]
Nurse Drawing Blood For Police Department Alleges She Was Sexually Harassed By Police Officer.
A nurse alleges that while she was providing phlebotomist services to a police department, she was sexually harassed by a City police officer. A jury awarded damages against the City, and judgment was entered for $1.125 million. In its motion for JNOV, the City argued the nurse [who was not a City employee, or a […]
Statement Of Damages Doesn’t Count When It’s Not An Action For Personal Injury Or Wrongful Death.
Plaintiff sued for retaliation in violation of various Labor Code statutes. The complaint, itself specified only a civil penalty of $10,000 but did not otherwise specify the amount of damages. On the other hand, the statement of damages prayed for many zeroes. A default judgment for $129,673.48 plus costs and attorney fees was entered against […]
Motion To Change Venue.
In an action for bad faith and legal malpractice against several defendants, one of the defendants moved for a change of venue. Under Code of Civil Procedure section 396b, subsection (a), where an action has been filed in the wrong venue, a defendant may move to transfer the case to the proper court. If “an […]
Probate Court Refused To Honor Lien For Attorney Fees After Client’s Death.
An underlying action involved a claim to trust funds; that action was settled, and the settlement was approved by the probate court. But then the underlying plaintiff died too. The plaintiff in the present action was the lawyer for the underlying plaintiff. The lawyer had negotiated the settlement on behalf of the client who later died. […]
Previously we reported: No Saving Bonds.
The first few paragraphs of the Ninth Circuit’s opinion explain the setting: “Barry Bonds was a celebrity child who grew up in baseball locker rooms as he watched his father Bobby Bonds and his godfather, the legendary Willie Mays, compete in the Major Leagues. Barry Bonds was a phenomenal baseball player in his own right. […]
Dismissal Of Dissolution Cause Of Action Negated Buyout Rights Of Both Corporations And Limited Liability Companies.
Two men each hold a 50 percent interest in numerous corporations and limited liability companies. One of the men, the plaintiff, sued the other, the defendant, for various causes of action alleging misconduct and breach of fiduciary duty. The involuntary dissolution claim seeks the appointment of a receiver to take possession of all of the […]
Statute Of Limitations Against Hospital For Slip And Fall.
While plaintiff was hospitalized, she went into the bathroom in her private room. While she was in the bathroom, someone mopped the floor of her room. Walking back to her bed, she slipped and fell and was injured. A cleaning lady said, “I’m sorry. I’m so sorry.” Within two years of the fall, but more […]
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