Plaintiffs brought an action against their former lawyers after the lawyers “settled several prior lawsuits brought on their behalf and did not allocate a sufficient amount of the settlement funds to the costs of suit, making plaintiffs liable to the former attorneys for costs that were actually recovered as part of the settlements.” The lawyers petitioned […]
Riverisland Parol Evidence Holding Applied.
The parties entered into a restaurant lease agreement which contained an integration clause. When they did a walk-through, the lessor told the lessee “if anything was not working, he would fix it,” according to the lessee. There were significant problems with the equipment and plumbing and the restaurant closed after several months. The parties sued each […]
Under The Hospital Lien Act, Hospital Failed To Meet Its Burden Of Proof In Order To Collect On Its Lien.
Plaintiff suffered serious injuries in an accident and was taken to a hospital where he received treatment for seven days, incurring $34,320.86 in bills which he did not pay. A jury awarded plaintiff $356,587.92. Shortly after the verdict, a collection agency acting on behalf of the hospital sent the third party’s insurance company a lien under […]
Error To Grant New Trial In Lemon Law Case.
In a lemon law action, the trial court denied the truck manufacturer’s motion in limine to exclude evidence of a repair done after the expiration of the warranty. A jury awarded plaintiff restitution value for the vehicle, and the trial court granted a new trial after concluding it erred in denying the motion in limine. The […]
Two Successive Offers To Compromise Pursuant To Code of Civil Procedure Section 998.
The California Supreme Court considered whether a later Offer To Compromise made under Code of Civil Procedure section 998, extinguishes a previous Offer To Compromise for purposes of that section’s cost-shifting provisions. The court concluded “that where, as here, a plaintiff makes two successive statutory Offers To Compromise, and the defendant fails to obtain a judgment more favorable […]
Jurors Watched Movie During Death Penalty Deliberations.
In a death penalty writ of habeas corpus, the California Supreme Court considered the declaration of a juror which stated: “I told the holdout jurors that if they wanted to understand what it was like in prison, they should watch the movie American Me. That is based on a true story. [¶] Two of the jurors […]
Is There A Duty Of Care To Secure Cargo To Prevent Tragedy On The Highway?
A CHP officer stopped a car, and the two were parked on the right shoulder of a freeway. Meanwhile, another man was proceeding along the freeway with two dirt bikes strapped inside his truck bed. The bikes were strapped down by employees of a motorsports dealership. The bikes were “hopping around a little bit,” and the […]
The Buck Stops With The District Attorney, Not The State Of California.
A man who spent 24 years in prison after being convicted of murder because of the perjured testimony of a jailhouse informant, filed an action under 42 U.S.C. § 1983, claiming the Los Angeles County District Attorney’s Office failed to create any system for deputy D.A.’s handling criminal cases to access information pertaining to the benefits […]
First Five Black Women Excused For Jury Selection By Prosecutor; Judgment Of Death For Black Defendant.
During jury selection in a robbery and murder case against a black man, the prosecutor used peremptory strikes to remove the first five black women in the jury box for jury selection. Ultimately the jury included one black woman. The California Supreme Court affirmed a judgment of death. Justice Werdegar and Justice Liu dissented. Justice Liu […]
No New Trial On Issue Of Lost Profits.
A company obtained patents on a dental implant. It entered into an agreement for a university to conduct a clinical study of the implant. Later, the company brought an action against the university for failure to timely deliver the promised reports, asserting causes of action for breach of contract and various torts. Eventually the matter was […]
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