In an insurance bad faith case with alleged damages in excess of $500,000, the insurance company made an offer to settle for $30,000 pursuant to Code of Civil Procedure section 998. The offer to compromise was not accepted. Later, judgment was entered in favor of the insurance company, which then submitted its memorandum of costs, […]
Lack Of Capacity Of Limited Partnership & Corporation.
In a California Environmental Quality Act [CEQA] case, plaintiffs, a limited partnership and two corporations voluntarily dismissed the action on May 9, 2013. The trial court awarded the defendant $37,528.14 in costs for preparation of the administrative record. On the appeal of the court’s order to pay costs, there was a motion to dismiss the […]
Doesn’t Matter If Litigant Has The Money To Pay. If Someone Is On Public Assistance, Courts Must Give Them A Free Ride And Waive Court Fees.
A woman’s fee waivers were denied by the trial court, after the court concluded that, even though she received public assistance, she had other sources of money. In reversing, the appellate court stated: “There is nothing in the court’s orders or findings to suggest the court did not believe appellant was receiving public benefits. The […]
Anti-Slapp Motion Should Have Been Granted.
This action is for malicious prosecution. The plaintiff, a City Council member, was criminally prosecuted and acquitted in federal court. In this action, he sues the owner of a strip club who he alleges falsely testified he bribed plaintiff. At the heart of the matter is a city ordinance, referred to as the “no touch” […]
Unacceptable Behavior By Lawyer In Court.
In a trial for injuries resulting from a car accident, the trial court ordered the defense lawyer to refrain from asking a certain question until a foundation was made demonstrating the witness had the expertise to testify on that issue, and that the court would make the foundation determination outside the presence of the jury. […]
The Complex World Of Government Claims.
The Judicial Council asked the appellate court to mandate the trial court to grant its summary judgment motion because plaintiff, who alleges she was severely injured while on an elevator at a Los Angeles courthouse, failed to present a government claim to the Secretariat of the Judicial Council. Plaintiff contends she complied with the government […]
Goodbye Tension, Hello Pension….Retirement Income Not!
When DHL acquired Airborne Express, it began to merge the two companies’ retirement plans. Before the merger, Airborne employees were able to transfer the entire balance of a Profit Sharing Plan to the Retirement Income Plan upon retirement, and would be entitled to at least $5,000 monthly from the Retirement Income Plan, while leaving nothing […]
You Can’t Make This Stuff Up!
The owner and supervisor of a company was yelling and visibly upset that there was a sanitary napkin by the toilet and blood around the toilet seat. All female employees were ordered to line up to be checked to see if they were having their period, with a promise that anyone who refused to get […]
Upsetting The Apple Smart.
Plaintiff brought a class action against Apple, Inc., alleging that Apple falsely advertised iPhone 3G to be “twice as fast” as the iPhone 2G. The trial court sustained Apple’s demurrer and dismissed the action on the ground plaintiff failed to join the cellular network carrier for the iPhone 3G as a necessary party under Code […]
No Good Cause Shown To Continue Motion For Summary Judgment.
Code of Civil Procedure section 437c(h) provides that if it appears facts essential to justify opposition to a motion for summary judgment, upon a showing of good cause that an extension of time is needed to obtain those facts, “the court shall deny the motion, or order a continuance to permit affidavits to be obtained […]
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