In an excessive force wrongful death action against police officers, a jury found that two of the three officers did not use excessive force and the third did use excessive force, but, that force was not a substantial factor in causing the death. The court entered judgment in favor of defendants and awarded defendants costs […]
Previously We Reported: If At First You Don’t Succeed, Don’t Wait Too Long To Try, Try Again.
In a dispute involving construction of a condominium project, defendants failed to file a responsive pleading after the court denied defendants’ petition to order the matter into arbitration. The trial court entered a $1.7 million default judgment. Defendants moved for mandatory relief pursuant to Code of Civil Procedure section 473(b), which the trial court denied […]
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 […]
Appeal Or Order Granting Motion To Strike SLAPP-back Case Dismissed For Lack Of Jurisdiction.
Code of Civil Procedure section 904.1, subdivision (a), subsection (13), states: “An appeal. . . may be taken from any of the following: [¶] (13) From an order granting or denying a special motion to strike under Section 425.16.” In the present case, the plaintiff/appellant had specifically pled the claim was a SLAPP-back cause of […]
Motion To Change Venue.
In an action for bad faith and legal malpractice against several defendants, one of the defendants moved for a change of venue. Under Code of Civil Procedure section 396b, subsection (a), where an action has been filed in the wrong venue, a defendant may move to transfer the case to the proper court. If “an […]
No Anti-SLAPP Protection For Wrongful Execution Of Warrant.
Plaintiff alleges Sheriff’s deputies unlawfully entered her residence on two occasions, attempting to arrest her daughter pursuant to a bench warrant which had already been recalled. In the process, she says a deputy made defamatory statements to her neighbors. She brought an action against the County, the Sheriff and the deputies. Defendants moved to strike […]
Dismissal Of Dissolution Cause Of Action Negated Buyout Rights Of Both Corporations And Limited Liability Companies.
Two men each hold a 50 percent interest in numerous corporations and limited liability companies. One of the men, the plaintiff, sued the other, the defendant, for various causes of action alleging misconduct and breach of fiduciary duty. The involuntary dissolution claim seeks the appointment of a receiver to take possession of all of the […]