A corporate dissolution action was assigned to one judge for all purposes. That judge advised counsel he would not be available on the trial date and “would tell them at trial call on November 9 which trial judge would be assigned the case” for trial. On November 9, the court informed counsel the name of the […]
In Quiet Title Default Prove-Ups, Another Appellate Court Agrees Evidentiary Hearing Required.
I previously reported on the split decision of Harbour Vista, LLC v. HSBC Mortgage Services, Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Code of Civil Procedure section 764.010, provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title […]
Judicial Error Harmless.
Shortly after a hearing, an administrative law judge [ALJ] was contacted by an FBI agent who said the claimant was faking his physical injuries. The ALJ disclosed the ex-parte contact to claimant’s lawyer, who objected to any weight being given to the information unless there was a supplementary hearing wherein the FBI agent could be cross-examined. […]
More Juror Misconduct On Facebook…Court Gets Serious.
Following a criminal conviction, the court learned that during the trial a juror had posted items on Facebook concerning the trial. In order to determine whether juror misconduct was committed, the court ordered the former juror to execute a consent form pursuant to the Stored Communications Act [SCA; 18 U.S.C. §2701 et seq.] authorizing Facebook to […]
When You Point A Finger At A Doctor, Back It Up, Or Get A New Trial.
Plaintiff was injured when an elevator fell six floors. One of the defendants asked a question at trial about whether or not a treating physician met the standard of care. The trial judge sustained the plaintiff attorney’s objection. During deliberations, the jury asked whether it could assign a percentage of responsibility to a person not listed […]
Grant Of Judgment Notwithstanding The Verdict Reversed.
A ship used for marine education was having a live-on-board program when an adult drowned after “free-diving” off the ship. A jury returned a verdict finding liability on the part of the ship’s operator, but no negligence on the part of the ship’s owner. The trial judge made a post-jury verdict finding there was uncontroverted evidence […]
Superior Court Told To Bow Out Of Retaining Jurisdiction.
The parties had a disagreement about a lease. The superior court retaining jurisdiction after trial “to make further orders, including injunctions, if necessary in the future to effectuate and or enforce the Court’s judgment.” The appellate court reversed that portion of the judgment, stating: “We are concerned with the court retaining jurisdiction for the life of […]
Trial Court Ordered To Deny Motion In Limine After Party Argued It Eviscerated Case.
The trial court granted a motion in limine to exclude the testimony of an appraiser in an eminent domain action. The parties thereafter stipulated to the value of real property and the trial court entered judgment in accordance with the stipulation. The property owner contended on appeal that the use of a motion in limine […]
Seven Percent (7%) Interest On Execution Of Judgment Which Was Later Overturned On Appeal Is Affirmed.
A party collected money by executing on a judgment that was later overturned on a and the other party sought restitution under Code of Civil Procedure section 908. The party who collected the money did not contest the trial court’s order that it pay the money back after the case was overturned, but did contest the […]
After Judgment Of Dismissal In Favor Of The Defense, Plaintiffs Must Pay Defense Costs Of Providing Notice To Class Members.
A judgment of dismissal was entered by the trial court in favor of an insurance company in a case which was tentatively certified as a class action. The members of the putative class were insureds who paid their premiums in monthly installments. The trial court granted plaintiffs’ motion to tax costs of $713,463.72 incurred by […]
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