In a personal injury action, the trial court ordered prejudgment interest to be calculated on the entire judgment. On appeal, defendant argued that pursuant to Civil Code section 3291, prejudgment interest should have been awarded only on the damages that the jury awarded. In reversing, the appellate court stated: “We think it clear that the […]
Penalties Not Elements Of Causes Of Action That Need To Be Proven To Prevail On Summary Judgment.
The City of Los Angeles sought an abatement of a public nuisance against operators of medical marijuana clinics who were violating the law. One of the remedies sought by the City was an award of civil penalties. The trial court denied the City’s motion for summary judgment and summary adjudication, basing its ruling on its […]
Standard Of Review Can Make All The Difference With A Necessary Party.
The trial court dismissed a real property action for failure to join an indispensible party, the entity that performed all the allegedly defective engineering services, the Natural Resource Conservation Service [NRCS], a division of the United States Department of Agriculture. The trial court observed that the NRCS cannot be joined to the action because it […]
Motion To Be Relieved From Dismissal Entered As Terminating Sanction.
Plaintiff failed to respond to discovery requests, and was ordered by the trial court to respond. When she did not, the trial court dismissed her complaint as a terminating sanction. Later, she moved pursuant to Code of Civil Procedure section 473(b), for relief, and the trial court denied the motion. On appeal, the appellate court […]
NCAA’s Dirty Laundry To Be Aired In Public.
A former assistant football coach at the University of Southern California sued the National Collegiate Athletic Association [NCAA] for breach of contract, defamation and other torts after the NCAA issued its report on infractions about whether or not a running back named Reggie Bush received improper benefits while a student. The NCAA filed a motion […]
Disentitlement Doctrine Results In Dismissal Of Appeal For Refusing To Follow Court’s Orders.
In a dispute over a family trust, the trial court ordered defendant to do certain things. Instead of filing an accounting or quitclaiming certain property to the other party as ordered, defendant did not file the accounting and quitclaimed the property to her daughter instead of to the person she was ordered to quitclaim it, […]
Motion For New Trial Procedure Muddier Than Ever.
After turning down defendant’s offer pursuant to Code of Civil Procedure section 998 of $200,000, a jury awarded $73,450 to plaintiff while assessing 40 percent fault to plaintiff. Plaintiff was then left with a total of $44,070. The court entered judgment on the jury’s verdict, but the clerk did not serve notice of entry of […]
Insufficient Minimum Contacts For California Jurisdiction.
A California resident owned an apartment building in Arkansas that was insured by a Michigan insurance company under a policy the owner obtained through an insurance agent in Arkansas. After fires damaged the building in Arkansas and the owner was not happy with the insurer’s payout, the owner sued the insurance company in California state […]
Errors All Over The Place, Particularly In Grant Of Motions In Limine As Substitutes For Statutory Motions.
In an insurance coverage dispute, the trial court granted defendant’s motions in limine as substitutes for statutory motion of summary adjudication under Code of Civil Procedure section 437c, on the issue of the duty to defend, and on the statutory motion of nonsuit under Code of Civil Procedure section 581c, with regard to offset after […]
Trial Court Abused Discretion In Failing To Set Aside Default.
Plaintiff was unsuccessful at personally serving defendant and obtained the court’s permission to serve by publication. Defendant claims it first learned of the lawsuit and the default judgment of $372,403.81 after it received a lien notice from the county with the abstract of judgment attached. On appeal, defendant contended the trial court erred in denying […]
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