In granting a summary judgment motion in favor of designers and manufacturers of a prosthetic hip device, the trial judge excluded portions of the plaintiff’s expert declaration opposing the motion after sustaining defendants’ objections on various grounds, including lack of expert qualification, lack of an explanation, or reasoning to support the expert opinion, lack of […]
Judge Properly Excluded Expert Testimony After Concluding Claimed Damages Were Speculative.
A dental implant company sued a university for breach of contract involving clinical tests for a new implant the company patented. The implant company sought damages ranging from $200 million to over $1 billion. Following an evidentiary hearing, the trial court excluded as speculative the proffered testimony of an expert to that effect. The appellate […]
Summary Judgment Reversed On Issue Of Agency Between Auto Club And Tow Truck Company.
Plaintiff was an Auto Club member who requested roadside assistance for a flat tire, and the Auto Club dispatched a flat bed car carrier to a “very dangerous, narrow, dark” section of the Long Beach freeway. The tow truck driver, a technician certified by Auto Club in 1998, decided to transport the disabled car to […]
Couldn’t Get Their Stories Straight.
Owners of luxury car reported it stolen, and then gave several inconsistent versions of the history of the car prior to its disappearance. Their insurance company denied coverage, the insureds sued for bad faith and the trial court entered summary judgment in favor of the insurer. The appellate court affirmed, stating plaintiffs failed to raise […]
Without A License, Contractor Worked For Nothing.
A tribal corporation brought suit against a contractor for the return of funds it paid for work, alleging the contractor was not licensed. The trial court granted summary judgment in favor of the tribal corporation. The Court of Appeal found the trial court abused its discretion when it summarily sustained all 39 of the tribal […]
Patient May Pursue Doctor For More Than Malpractice.
Trial judge granted doctor summary judgment for alleged medical malpractice, but, denied summary judgment for a negligent maintenance claim after a laser machine emitted “a loud booming sound” that resulted in hearing loss. The California Supreme Court’s decision in Flowers v. Torrance Memorial Hospital (1994) 8 Cal.4th 992, [884 P.2d 142; 35 Cal.Rptr.2d 685] does […]
No Need To Sacrifice More Trees.
The appellate court reversed grant of summary judgment against a plaintiff in a medical malpractice action. The trial court granted it because plaintiff’s expert declaration did not attach the materials the expert consulted in reaching his opinion, as required by Garibay v. Hemmat (2008) 161 Cal.App.4th 735, [74 Cal.Rptr.3d 715]. But the materials the expert relied […]
Between The Pot And A Hard Place.
Pursuant to a search warrant, police seized 12 seven-foot tall marijuana plants, freezer bags containing a total of about five ounces of marijuana, a tray of loose marijuana and rolling papers which plaintiff used for medicinal purposes. The court denied plaintiff’s first motion to return his property. Criminal charges were filed, police destroyed most of […]
Primary Assumption Of The Risk Applies To Organized Recreational Motorcycle Riding.
Plaintiffs were injured while participating in a “Pursuit for Kids Toy Drive” organized annually by Harley-Davidson. As the procession of motorcycles drove along one lane of the freeway, a van turned into the lane, resulting in injuries to the plaintiffs. The trial court granted summary judgment for Harley-Davidson, holding it owed no duty to plaintiffs. […]
Summary Judgment Affirmed-No Valid Transfer Of Copyright.
The author of a work called The Match was also the owner of a copyright for the work. The lawyer for an entertainment agency proposed certain terms to the lawyer for the copyright owner and sent a writing: “Let me know if this is okay and we’ll send paperwork.” The lawyer for the owner of […]
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