In a wrongful termination action, plaintiff’s lawyer stated in closing argument that plaintiff suffered $44,000 in lost wages for the eight months he was unemployed. This is what the jury’s verdict form said: “Past economic loss: lost salary $198,000.00 “lost bonuses $ 0 “Past mental suffering, emotional distress $ 0 “Future mental suffering, emotional distress $ […]
Evidence Permitted Against Defendant Dismissed Pursuant To Nonsuit.
A woman underwent the surgical removal of her gallbladder. Problems started the next day with shortness of breath, low blood pressure and chest pain. She was taken to ICU and multiple tests and procedures were performed. She was placed on a ventilator. A problem ensued with the ventilator and a nurse manually provided oxygen while a […]
For Bringing Cases To Trial Partial Stay Does Not Toll Five-Year Statute.
Code of Civil Procedure section 583.310, requires that an action be dismissed unless it is brought to trial within five years from being filed. The statute exempts periods during which the action is stayed from the five year period. But the California Supreme Court held in Bruns v. E-Commerce Exchange, Inc. (Cal.Supr.Ct.; February 28, 2011) 51 Cal.4th […]
Arbitration Is ” Trial On The Merits. ”
After plaintiffs lost their contract claim in judicial arbitration, and the arbitrator awarded attorney fees to defendants, plaintiffs, after first filing a demand for trial de novo, filed a voluntary dismissal of their action. Defendants moved for judgment on the attorney fee award and the trial court granted the motion. Plaintiffs appealed, contending that, before judgment […]
Affirming Grant Of New Trial In Medical Malpractice Case Based Upon Irregularity In The Proceedings.
The surgeon tore a glove while performing a hysterectomy and prescribed an antibiotic to avoid infection. Within days, she developed vomiting and diarrhea. At a clinic, she was given IV fluids, but the diarrhea was non-stop. She was hospitalized and went into shock and a diagnosis of pseudomembranous colitis, a severe inflammation of the colon, as a […]
Statement Of Decision When Ruling Was By Piecemeal.
After a jury returned a complicated special verdict, the court heard argument on the equitable causes of action. After announcing the decision, the trial court stated that it did not intend its ruling to be final until it had made a decision on the issue of interest. A few months later, the court made a decision […]
No More City Of Bell Wringing.
A former City Of Bell manager was prosecuted by the Attorney General and sued civilly for wasting City Of Bell funds. When requested by the former manager, the City Of Bell declined to provide the man with a defense. The former city manager brought an action against the City Of Bell for declaratory relief asking the court for a declaration […]
In Pregnancy Discrimination Case Different Result Second Time Around.
Last year, we published the following: Pregnancy Discrimination Verdict Upheld. Woman employee was fired three hours after returning from pregnancy leave. In her action alleging wrongful termination and violation of the California Fair Employment and Housing Act [FEHA, Government Code section 12940], a jury awarded her $10,000. After the verdict, the court granted her $50,858.44 […]
Defendant Did Not Waive Jury By Not Filing Jury Fees When A Fee Waiver Had Been Granted.
The trial court denied defendant a requested jury trial because no jury fees had been posted. The appellate court found error and reversed, stating “because defendant obtained a waiver of jury fees, he was not required to deposit the $150 advance jury fees five days before the date set for trial.” Kim v. De Maria (Cal. […]
Trial Court Lacked Evidence To Grant A Motion In Limine So The Jury Verdict Was Reversed.
In a business dispute after a 20-year business relationship, goods were delivered by plaintiff to defendant, and the invoices correctly listed the agreed upon price of the goods. The trial court denied plaintiff’s motion in limine to preclude evidence that would vary the express terms of 33 invoices, interest payments as late charges. But in purportedly […]
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