Following a criminal conviction, the court learned that during the trial a juror had posted items on Facebook concerning the trial. 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 release to the court for an in camera […]
No Qualified Immunity For Police Officer In Wrongful Death Of Suspect.
A jury found a police officer caused the wrongful death of a suspect who died “through the unconstitutional use of excessive force” while in police custody at a hospital. The appellate court analyzed: “Taken as a whole, the combined effect of [the] evidence supports a finding that Macias punched and tasered a non-resisting and compliant […]
Cow Versus Motorcycle.
Plaintiff’s complaint alleged negligence and premises liability after a 1,200-pound cow named “Annie” charged him while his motorcycle was stopped on a paved road within a ranch, but classified as an easement and used by eight families to get to their landlocked properties. At the close of plaintiff’s evidence at trial, the court granted a […]
Bank Needs Thicker Skin.
Former vice-president of a bank published 21 allegedly defamatory statements in the “Rants and Raves” section on Craigslist. One of the postings was: “Being a stockholder of this screwed up Bank, this year there was no dividend paid. The bitch CEO that runs this Bank thinks that the Bank is her [personal] Bank to do […]
Noneconomic Damages Recoverable Despite Plaintiff’s Lack Of A Driver’s License.
Plaintiff, who was unlicensed, suffered serious and permanent brain injuries in a car accident. A jury awarded her $31,656,208. Defendant, who admitted liability, argued Civil Code §3333.4 prevented plaintiff was recovering $22,000,000 of the award, the portion for noneconomic damages. The vehicle the plaintiff was driving was purchased and insured by her father. Section 3333.4 […]
Where’s The Dotted Line?
Defendant made an offer pursuant to Civ.Proc. §998 to settle the case for $100,000.49, and plaintiff did not accept. At trial, plaintiff was awarded $77,986 in compensatory damages and $1,400 in punitive damages. When defendant tried to collect his costs under the statute, plaintiff claimed his offer was invalid because the statute requires “a statement […]
A Motion For Summary Judgment Gets Even More Difficult.
An appellate court held a failure to provide opposition to objections raised by the other side in the trial court on summary judgment bars a party from challenging on appeal the trial court’s order sustaining unopposed evidentiary objections. Tarle v. Kaiser Foundation Health Plan (Cal. App. Second Dist., Div. 3; May 22, 2012) 206 Cal.App.4th […]
What Is A Non-Judicial Foreclosure?
Check out this video from Mark Mellor on information about Non-Judicial Foreclosures. Contact The Mellor Law Firm’s foreclosure attorneys in Murrietta, CA and surrounding Inland Empire communities for more information about foreclosure.
Marijuana Users Not Protected By The ADA.
Severely disabled residents of two California cities were authorized by doctors to use marijuana for medical purposes. Use of marijuana is permitted under California law, but prohibited under federal law. The Ninth Circuit decided the individuals covered under the Americans with Disabilities Act [ADA] do not include persons engaged in the illegal use of drugs. […]
Provision In Arbitration Agreement Contrary To Public Policy.
Plaintiff sued a nursing home alleging negligent care and treatment. Defendant petitioned to compel arbitration, which the trial court granted, after severing the attorney fee provision which stated the parties would bear their own attorney fees and costs. The trial judge explained that provision was contrary to the Elder Abuse Act [Welfare and Institutions Code […]
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