The court granted defendant’s motion for summary adjudication on June 27, 2012. On September 10, 2012, plaintiff filed a request for dismissal of the remaining causes of action. On April 16, 2013, a “Judgment by the Court Under Code of Civil Procedure section 437c” was filed by plaintiff. On May 6, 2013, plaintiff filed a notice […]
Trustee Personally Liable For Torts Only If Personally At Fault.
Plaintiff rented a room in an attached garage. The property was owned by a trust. She fell when exiting the house on some steps at night, and claimed the steps were in a dangerous condition because of a lack of lighting. The trustee brought a motion for summary judgment on the ground of lack of personal […]
California Highway Patrol Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore not […]
For Injuries Caused By Diseased Tree On Public Property, No Liability Against County.
Plaintiff was in a county-owned paved parking lot along the Sacramento River when a cottonwood tree fell on him, resulting in injuries. He brought an action for dangerous condition of public property and the trial court granted summary judgment based upon Government Code section 831.2. The appellate court affirmed, stating, “we conclude that [plaintiff’s] injuries were […]
Within The Scope Of Employment Includes Planned Stops For Frozen Yogurt And A Yoga Class.
An employee of an insurance broker was required to use her personal vehicle to visit prospective clients, make presentations, provide educational seminars, follow leads, and transport company materials. On the day of an accident, at the end of the workday, she decided she would stop for some frozen yogurt and take a yoga class. As she […]
Summary Judgment In Favor Of Insurance Company Reversed.
A commercial property was vandalized while vacant. The owner brought an action against the property’s insurer. The policy stated: “Rent [¶] We will pay: [¶]a. your net loss of rental income; and [¶] b. rents accrued but rendered uncollectible by reason of a covered loss at a location described on the Declarations Page; and [¶] c. […]
On Dangerous Condition Of Public Property Claim County Granted Summary Judgment.
A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based […]
Ninth Circuit Reversed Grant Of Summary Judgment In Excessive Force Action Involving The Death Of An Attorney.
In response to a hang-up 911 call, police arrived at a home to find a delusional man, an attorney, sitting in the driveway. It took four officers to handcuff him. Even after being handcuffed, the man pumped his fists and kicked his feet and toes onto the asphalt. An officer kept his knee on the man’s […]
In FEHA Action, No Need To Show Action Frivolous In Order To Obtain Ordinary Costs.
The trial court granted a motion for summary judgment in favor of a fire department in a FEHA case [California Fair Employment and Housing Act; Government Code section 12900], and then ordered plaintiff to pay costs of $5,368.88. On appeal, the court stated: “The issue presented is whether the District, as the prevailing party, must show […]
Disney’s Procedures Did Not Amount To A Lack Of Reasonable Accommodation.
Disabled woman brought an action against Disney because Disneyland has a policy barring Segway devices from the park. The trial court granted summary judgment to Disney after finding it established that a Segway is an unstable two-wheeled device that could accelerate quickly, either forward or backward and injure the rider and/or others if the rider is […]
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