A police officer was shot in the back with his Glock 21 service weapon by his three-year-old son rendering him a paraplegic. The officer and his wife sued the manufacturers of the gun and holster alleging the gun has a light trigger pull without an appropriate safety mechanism to prevent accidental discharge and the holster […]
Offers Under CCP § 998 Need To Be Thought Through!
In an action involving the purchase of a new motor home, an offer under Code of Civil Procedure § 998 was for plaintiffs to be paid $50,000 in exchange for a release and dismissal, and plaintiffs accepted. After the action was dismissed with prejudice, plaintiffs moved to recover their attorney fees and costs under Civil […]
Another Tricky Statute Of Limitations Issue In Legal Malpractice Case Against Lawyer.
Lawyer successfully obtained a default judgment, but failed to successfully enforce it. When he was sued for legal malpractice, the trial court sustained the lawyer’s demurrer without leave to amend on the issue of the statute of limitations. The plaintiffs in the malpractice action argued the lawyer’s acts or omissions may have been harmless if […]
The Court Cannot Compel A City To Exercise Its Discretion In A Particular Way.
In response to a Request for Proposal for a golf concession at Los Angeles public parks, a business group submitted a bid. A Board for the Recreation and Park Commissioners voted to award the contract to the business group. Pursuant to an Executive Directive, the contract had to be reviewed by the mayor’s office because […]
Interpleader Proper When Two Colorable Claims To Policy Proceeds.
Husband and wife bought life insurance on their minor child, and then they divorced, but the policy was not distributed in the dissolution proceedings. After the divorce, the wife removed the husband as a beneficiary. Then their daughter died. Both the husband and wife claimed the proceeds. The life insurance company interpleaded the policy proceeds […]
Undertaking Not Required When Injunction Granted.
CCP §529(a) requires the court to order an undertaking when it grants a preliminary injunction to protect a defendant against losses that may be incurred if the defendant prevails on the merits. But when the court granted the injunction here, it also ruled on the merits of the underlying claim, and, thus, could not order […]
Clerk Cannot Refuse To File Motion.
“It is difficult enough to practice law without having the clerk’s office as an adversary” an appellate court wrote. It added that whether the moving party’s motion “has legal merit is a determination to be made by a judge, not by the clerk’s office.” Noting that actions by the clerk’s office were “quite troubling,” the […]
Motion To Set Aside Judgment Extends Time To Appeal, But Only If The Motion Is Timely Filed.
If a party files a motion to vacate the judgment within the normal time to appeal from the judgment, the time to appeal from the judgment is extended under Calif. Rules of Court Rule 8.108(c). Here, defendants did not file their motion to vacate until the time to appeal the judgment had expired. Starpoint Properties, […]
Discovery Games In Child Abuse Suit.
An employer was sued for negligence in hiring, training, controlling and supervising a swim coach who “had a long history of molesting underage female swimmers placed under his control” and was convicted and sentenced to 40 years in state prison for molesting a 15-year-old swimmer. Defendant asked for a protective order excluding documents pertaining to […]
Jury May Decide What Was Excessive Force.
Plaintiff sued city and two police officers for using excessive force when they arrested him. The trial court granted a nonsuit, finding he could not prevail without expert testimony regarding “what force a reasonable law enforcement officer would have used under the same or similar circumstances.” The Court of Appeal reversed, stating “there is nothing […]