A petitioner brought an action seeking to invalidate amendments to a survivor’s trust. The defendants’ answer alleged the claims were barred by statutes of limitation, res judicata and laches. The trial court granted summary judgment based upon collateral estoppel and statutes of limitation, and never reached the issue of laches. The appellate court affirmed the judgment, […]
Civil Action For False Arrest, False Imprisonment And Malicious Prosecution Against Detectives And City To Go Forward.
A suspect was arrested for the attempted murder of a victim who was shot in the leg. At the preliminary hearing, the lead detective testified he and his partner interviewed the victim shortly after that shooting, that he showed the victim a photographic lineup which included the suspect, and that the victim circled the suspect’s photo […]
Summary Judgment Reversed.
Plaintiff entered into a construction loan agreement with a bank, but the bank failed to properly make fund disbursements. As plaintiff attempted to salvage the situation, the bank went into receivership. Later defendant purchased the bank’s assets through a purchase and assumption agreement. Plaintiff stopped making payments and defendant took steps to foreclose. Two days prior […]
“All Other Persons” In A Release Means All Other Persons.
Rodriguez was injured in a car accident and settled with the other driver, Oto, and the rental car company, Hertz, who rented a car to the other man. The release released: “Takeshi Oto and The Hertz Corporation, its employees, agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships (hereafter […]
FEHA Claim For Sexual Harassment Not Viable In Same Sex Incivility In Workplace.
In Patrick C. Kelley v. The Conco Companies (Cal. App. First Dist., Div. 5; June 6, 2011) 196 Cal.App.4th 191, [126 Cal.Rptr.3d 651, 112 Fair Empl. Prac. Cas. (BNA) 1301], while working on a construction site, the plaintiff, a male, was subjected to grossly offensive, graphic, vulgar, and explicit comments about sexual acts, by a male supervisor and a […]
Transcript Of Police Recording Admissible As A Party Admission.
In Kincaid v. Kincaid (Cal. App. Second Dist., Div. 4; July 6, 2011) 197 Cal.App.4th 75, [127 Cal.Rptr.3d 863, 2011 DJDAR 10048], the mother of decedent, who committed suicide, brought a wrongful death action alleging torture, sexual abuse, and death against her former husband, who was decedent’s step-father. The defendant, moved for summary judgment. In her opposition to the […]
Court Cannot Affect Rights Of Non-Party Trust Deed Holder.
In an action for fraudulent transfer the court granted summary judgment in favor of the trust deed holder. Later, another judge tried the fraudulent transfer case against the previous and subsequent owner of the property and held that their rights prevailed over the trust deed holder. The Court of Appeal reversed. The trust deed holder was […]
Tree In Median Did Not Constitute A Dangerous Condition Of Public Property.
Several persons were killed in an automobile accident. The driver of another vehicle was arrested at the scene and later convicted of vehicular manslaughter. An action against the City for dangerous condition of public property was brought, alleging a magnolia tree on the median, the height of the curb and other design features of the roadway […]
Shooting With Gun Instead Of Taser.
Police officer shot and killed an arrestee believing a Glock semiautomatic pistol was a stun gun. The deceased’s family filed suit under 42 U.S.C. §1983 and the trial court granted summary judgment. Both weapons were black, of similar size and weight and placed closely on the holster. Once before the fatal shooting, the officer mistakenly […]
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 […]
- « Previous Page
- 1
- …
- 3
- 4
- 5
- 6
- 7
- 8
- Next Page »