Petitioner, who hails from New Jersey, provides marijuana to the sick from a Rastafarian temple and operates a medical marijuana dispensary in Los Angeles. As a cult figure, he is known as NJweedman and operates a website called NJweedman.com. On the site, he calls upon jurists to acquit him on pending criminal charges. He petitioned […]
Government Tort Claim Delivery Requirement Strictly Construed.
After being damaged by medical negligence at a county hospital, plaintiff’s lawyer gave written notice under Code of Civil Procedure section 364, that a suit for personal injuries would be filed. Counsel personally delivered copies of the letter to the hospital’s administration and requested that it be forwarded to the hospital’s insurance carrier. It is […]
Attorney Fees May Be Properly Awarded Under CRC § 2.30.
A party failed to inform the court the case was automatically stayed due to a filing for bankruptcy. The trial court declared a mistrial, dismissed the jury, conducted a sanctions hearing and awarded $81,461.13 in sanctions. The appellate court affirmed in part and reversed in part, stating: “We conclude that [California Rules of Court, rule] […]
Denial Of Conjugal Visits Claimed To Interfere With Prisoner’s Practice Of His Religion.
A state prisoner asserts that denials by prison officials of his request for conjugal visit with his wife violated the Religious Land Use and Institutionalized Persons Act and the First Amendment by interfering with his practice of a tenet of his Islamic faith requiring him to marry, consummate his marriage, and father children. The district […]
Even Though Expert Had Previously Testified In Asbestos Cases, A Daubert Hearing Was Required.
An expert witness testified in federal court that a plaintiff’s exposure to asbestos for 20 years at a paper mill caused his mesothelioma. The defendant filed a motion in limine to exclude the expert testimony, which the trial court denied because the doctor had previously testified in other asbestos cases. A jury awarded $10,200,000 to […]
You Go First. No, After You.
Civil Code §910 requires a homeowner to serve notice of a construction defect claim to commence the prelitigation process before bringing a lawsuit. But §912 requires the builder to provide certain documents. The homeowners claimed they needed the documents before they could comply with §910, and the builder claimed it wasn’t required to provide the […]
Oral Testimony In A Law & Motion Matter.
The trial court concluded an arbitration clause was susceptible to conflicting interpretations with respect to scope. It considered extrinsic evidence with respect to the intent of the parties, and received oral testimony at the motion. The appellate court found the court acted within its discretion. Burch v. Premier Homes, LLC (Cal. App. Second Dist., Div. […]
Statement Of Decision In A Law & Motion Matter.
Civ.Proc. §1291 states: “A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment, except a special order after final judgment, is made that is appealable under this title.” But when a party requested the court to issue a statement of decision at the time […]
No Need To Sacrifice More Trees.
The appellate court reversed grant of summary judgment against a plaintiff in a medical malpractice action. The trial court granted it because plaintiff’s expert declaration did not attach the materials the expert consulted in reaching his opinion, as required by Garibay v. Hemmat (2008) 161 Cal.App.4th 735, [74 Cal.Rptr.3d 715]. But the materials the expert relied […]
How Do You Spell C-I-V-I-L-I-T-Y?
One party asked for documents in March, 2007. The other party provided only objections to the discovery request. The court ordered production. A year and a half later, 30,600 documents were produced. Alas, entire categories of requested documents were withheld. Many meets & confers later, the requesting party moved to compel compliance with the court’s […]
- « Previous Page
- 1
- …
- 29
- 30
- 31
- 32
- 33
- …
- 36
- Next Page »