In another asbestos case against the same manufacturer, defendant contended the Court of Appeal could not consider the proposed amendments to the complaint because the pleading was not timely presented below. The appellate court did not buy the argument, stating the proposed pleading states causes of action for strict liability and negligence and that “a […]
Lease Doesn’t Last Forever.
Commercial lease term stated: “Provided that Tenant shall not then be in default hereunder, Tenant shall have the option to extend the Term of this Lease for 5 (FIVE) YEARS additional FIVE year periods upon the same terms and conditions herein contained . . . .” The trial court concluded the lease grants the tenant […]
There’s A New Tort In Town.
It’s called intentional interference with expected inheritance [IIEI]. Two adult males were in a long-term committed relationship when one was hospitalized and awaiting surgery. He asked his partner to prepare a will dividing his estate equally between his estranged sister and the partner. The partner prepared the will and sent a copy of it to […]
Don’t Delay Discovery.
Two patients were involuntarily held in a county mental institution. The female patient alleges the male patient sexually assaulted her. An investigation revealed the locking mechanism on her door was faulty, enabling the door to simply be pulled open. Plaintiff wanted to reopen discovery after defendants produced evidence the doctors and nurses had no knowledge […]
Video: Mechanic’s Lien Rights – Construction Attorney Mark Mellor
Video: California attorney Mark Mellor on “Mechanic’s Lien Rights”. Important information for homeowners, project managers, or contractors.
A Deed Of Trust Is Not A Mortgage.
Civil Code §2932.5 states: “Where a power to sell real property is given to a mortgagee . . .[t]he power of sale may be exercised by the assignee if the assignment is duly acknowledged and recorded.” Here a deed of trust was assigned but not recorded, and the homeowner lost in the trial court. Despite […]
Joint Offer Under Cal. Civ. Proc. §998 To Spouses Okay.
Plaintiffs contended a Civ.Proc. §998 offer made jointly to a husband and wife is void. The trial court rejected the argument and the Court of Appeal affirmed, stating: “A section 998 offer may be made jointly to spouses because, under the California’s community property law, a cause of action for personal injury damages is community […]
Serves ’em Right! Lawyers To Pay Sanctions For Frivolous Appeal.
Plaintiff provided court reporting services to clients of defendants in prior lawsuits. Defendants claimed the charges were too high. When the court reporting service sued the lawyers for breach of contract, the lawyers brought a special motion to strike under the anti-SLAPP statute [Civ.Proc. §425.16], which the trial court denied. The appellate court was not […]
Prejudgment Interest Between Time Court Vacated Arbitration Award And Reinstatement After Appeal.
The Court of Appeal concluded prejudgment interest accrued during pendency of an appeal and that the trial court erred in suspending the accrual of interest during the appeal. Tenzera, Inc. v. Osterman (Cal. App. Second Dist., Div. 3; April 19, 2012) 205 Cal.App.4th 16.
Punitive Damages Award Upheld.
A jury calculated economic damages at $1.47 million which included medical expenses, lost earnings, lost retirement benefits and the value of household services, and noneconomic damages for pain, suffering, emotional distress and loss of a spouse’s consortium at $2.5 million. By the time of the separate trial for punitive damages, all but one defendant had […]