Plaintiff obtained a default judgment in January 2013. In July 2013, the trial court entered a revised judgment after defendant moved to vacate the judgment.
Superior Court Abused Its Discretion In Sanction Order Over Discovery Issue.
In a personal injury action, the trial court granted defendant’s Motion in Limine and excluded three of plaintiff’s proposed witnesses as an evidence sanction for failure to respond completely to an interrogatory. Defendant had sent form interrogatory 12.1 asking about witnesses who witnessed “the incident,” and plaintiff responded with the name and address of one witness.
Nonsuit In Underlying Case Paves Some Of The Way Toward A Malicious Prosecution Action.
The underlying defendants then brought an action against the underlying plaintiffs and their lawyer for malicious prosecution, to which the present defendant, who was the underlying plaintiff, brought a special motion to strike under the anti-SLAPP statute
Equal Justice Under Law As Long As You Pay For It.
Ten days prior to trial, the trial court informed the parties “the court no longer provides a court reporter for civil trials, and the parties have to provide their own reporters for trial.”
One Trial Judge Cannot Overrule Another Trial Judge.
In a marital dissolution action, Judge #1 ruled an agreement was not enforceable. Judge #2 reconsidered the matter over three years later, on the court’s own motion, and ruled the agreement was enforceable. On appeal, the wife asserted Judge #2 erred in granting reconsideration of Judge #1’s ruling. In reversing, the Court of Appeal found […]
“Rules Are For Children. This Is War, And In War The Only Crime Is To Lose,” Joe Abercrombie.
During the trial of a personal injury action, defense counsel asked questions in clear violation of the trial court’s in limine orders. The trial court sustained each of plaintiff counsel’s objections, but defense counsel continued to violate the in limine orders. The Court of Appeal reversed the judgment in favor of the defendant, stating: “Because […]
Jury Trial For Claim Of Express Indemnity.
Following summary judgments and settlements in litigation resulting from severe injuries in a hotel swimming pool, the only issues remaining were those raised in a cross-complaint brought by a party and its insurance company against the pool company to recover the amount it spent on the litigation based on a claim of express indemnity. The […]
Stipulation To Continue Trial Past The Five-Year Statute.
A minor was injured by a falling tree branch in a park and sued a City. Trial was set for January 14, 2013, and on January 8, 2013, the parties entered into a written stipulation to continue trial to October 28, 2013. On October 14, 2013, the parties entered into a second stipulation to continue […]
Federal Trial Court Not Required To Replace Ill Juror.
After a 12-member jury in a criminal trial had deliberated for more than a day and had received answers to five substantive questions, one jurors was excused for illness. Later the same day, the jury returned a guilty verdict. The defendant argued that under Federal Rules of Criminal Procedure, rule 23(b)(3), the court abused its […]
Posttrial Award Of Expert Fees Under Civ.Proc. § 998.
Prior to trial, and pursuant to Code of Civil Procedure section 998, plaintiff offered to allow judgment to be entered in its favor and against defendant for $665,818. Defendant did not respond to the offer and plaintiff recovered $945,947 at trial. Defendant argued on appeal that the award of expert witness fees by the trial court […]
- 1
- 2
- 3
- …
- 12
- Next Page »