Plaintiff obtained a default judgment in January 2013. In July 2013, the trial court entered a revised judgment after defendant moved to vacate the judgment.
Expansion Of The Doctrine Of Primary Assumption Of The Risk.
Plaintiff, a United Parcel Service [UPS] delivery driver, was injured when he lifted a box with a shipping label prepared by a university that inaccurately stated the weight on the box. Concluding the university owed no duty to plaintiff and that the doctrine of primary assumption of the risk applies, the trial court granted summary […]
Superior Court Abused Its Discretion In Sanction Order Over Discovery Issue.
In a personal injury action, the trial court granted defendant’s Motion in Limine and excluded three of plaintiff’s proposed witnesses as an evidence sanction for failure to respond completely to an interrogatory. Defendant had sent form interrogatory 12.1 asking about witnesses who witnessed “the incident,” and plaintiff responded with the name and address of one witness.
Disclosure Under Public Records Act Ordered.
A man who was fired by a school district requested documents under the Public Records Act [Government Code section 6250, et seq.], but the school district refused to produce them. The superior court denied his petition because the man already has the documents. The Court of Appeal agreed with the man’s argument that he seeks production under the Public Records Act so he may release the documents to the public without being subjected to claims of improperly disclosing confidential information.
Declaration Used To Prove Limited Jurisdiction Case.
A judgment was entered against a man for unpaid credit card charges in a limited civil case. The man’s original debt was owed to a bank. The bank sold the account to a receivables company. The receivables company assigned the account to plaintiff. The declaration of plaintiff’s custodian of records, with attached bill of sale, assignment and monthly billing statements, was used at trial to prove the debt.
City Estopped From Reneging On Conditional Use Permit After Developer Relied On Promise.
In 1999, City issued a conditional use permit [CUP 4153] permitting development of two hotels near Disneyland by some developers. At that time, the City intended to build an overpass on a portion of the property owned by the developers. In exchange for taking that portion of the property, the City promised to build a parking structure. Relying on the City’s promises and representations, the developers reduced the number of hotel rooms and made other design changes.
Attorney Fees Award Reversed And Remanded For Trial Court To Provide A Specific Explanation For The Award.
A man was falsely accused of sexual activity and held to answer after a preliminary hearing during which a fabricated lab report was used as evidence. After the charges were dismissed, the man sued a City and a police officer for violation of his civil rights under 42 U.S.C. § 1983. Immediately prior to trial, the parties settled the dispute and the man sought attorney fees in the amount of $1,448,397 based on 2,249.9 hours of compensable attorney hours and costs of $72,255. The trial court awarded $436,807.50 for fees and $23,935.07 for costs.
Mental Examination Of Child Plaintiff Does Not Include Interview Of Parents.
The parents of a kindergartener filed a complaint, with the mother as guardian ad litem for the child, alleging the child was sexually molested by another kindergartener at school. The school district sought an order compelling the plaintiff kindergartener to submit to a mental examination, which would include personal interviews of the child and his parents by a psychiatrist.
Parents Did Not Include Teenaged Daughter In Insurance Policy On Car Exclusively Driven By Her.
While driving a GMC pickup truck owned by her father, a 17-year-old got into an accident. However, even though the daughter was the only one to drive the pickup, the father had excluded his daughter from insurance coverage in order to save money on premium payments. The daughter’s mother, who is the ex-wife of the father, had insurance on her own vehicles, but not the GMC.
Pre-Merger Arbitration Agreement Survived Merger.
In 2000, law firm #1 sent a letter to a lawyer offering him employment; the letter contained an arbitration provision. In 2006, law firm #2, which had subsumed law firm #1 in a merger, and the lawyer signed a termination agreement/resignation letter. Later, the lawyer sued law firm #2 for breach of the termination agreement. Law firm #2 petitioned for arbitration, and the lawyer contended the 2006 termination agreement, which did not contain an arbitration provision, constituted a novation of the offer letter.
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