Investor provided $75,000 toward investment and was to receive 100 percent of the net cash receipts until his investment was recouped. Unbeknownst to him, the company formed another company doing the same kind of business under a different name. The court found the corporation could not escape liability by shifting assets and changing its name. […]
Dismissing Elder Abuse Case Costly.
Plaintiff sued under the Elder Protection Act [Welfare and Institutions Code §15600 et seq.]. Defendant hospital served an offer to compromise under CCP §998 offering “to waive costs and to refrain from pursuing a claim for malicious prosecution” if the suit were dismissed with prejudice. The offer expired, but during jury selection, plaintiff did dismiss […]
Defense Lawyer’s Final Argument Egregious But Not Prejudicial.
During her final argument in a product liability case involving severe physical injuries to the child plaintiff undergoing a tonsillectomy with the use of an electrocautery device, defense counsel included the following statements: “[Plaintiff] has crafted a case to fit what he wants. He’s crafted it. Why? I think you know. I think you’ve all […]
No Payment, No Award.
An arbitrator terminated proceedings for lack of payment of fees. A party asked the superior court to confirm the “award.” The trial court denied the motion and set the matter for trial. The appellate court affirmed. Cinel v. Christopher (Cal. App. Second Dist., Div. 1; February 16, 2012) 203 Cal.App.4th 759, [136 Cal.Rptr.3d 763].
Supreme Court Denied Review In Order For Juror To Disclose Facebook Posts.
A few months ago, we reported on a unique order involving a juror and his Facebook posts. The California Supreme Court just denied review, so the case stands. Juror Number One v. Sup. Ct. (Royster) (Cal. Sup. Ct.; August 22, 2012) (Case No. S203713). Here is what we previously reported: Following a criminal conviction, the […]
Right To A Jury Trial.
Insurance company agreed to continue paying disability payments while it investigated whether or not insured was totally disabled. At the conclusion of its investigation, the insurance company filed a declaratory relief action. The insured asked for a jury trial, and the insurance company prevailed upon the trial court to deny the request because it was […]
Condominium Owner Must Pay Association’s Attorneys’ Fees.
Condo owner sued association for violation of CC&R’s, but dismissed most of the causes of action on the Friday prior to the trial date the following Monday. On Monday, the plaintiff successfully moved to continue the trial for the few remaining counts. A few weeks later, citing Civil Code §1354 (c), the association requested $252,767 […]
Jury May Decide What Was Excessive Force.
Plaintiff sued city and two police officers for using excessive force when they arrested him. The trial court granted a nonsuit, finding he could not prevail without expert testimony regarding “what force a reasonable law enforcement officer would have used under the same or similar circumstances.” The Court of Appeal reversed, stating “there is nothing […]
Expert Testimony Usurped Jury’s Role.
Over objection, a retired police officer gave expert testimony that a defendant’s conduct in shooting an intruder was unreasonable. Plaintiffs dismissed their battery claims before the case went to the jury, and defendant asked the court to instruct the jury to disregard the expert’s testimony. The court refused. The jury awarded over a million dollars […]
Jury Verdict After Good Faith Settlement Reduced To Zero.
Prior to trial, plaintiff settled her case involving the loss of anticipated survivorship interests with some of the defendants, and the court found the settlement was made in good faith pursuant to Civil Code §877. A jury awarded her $200,000 against the remaining defendants who are lawyers. The court granted an offset as to the […]