The trial court ordered the entry of default after finding discovery abuses, including the concealment and destruction of requested documents. At the prove-up hearing, the trial court determined plaintiff was entitled to $691,280 in damages. The appellate court affirmed, concluding defendants willfully failed to comply with court orders, and that defendants “willfully concealed or destroyed written […]
Res Judicata / Claims Preclusion Inapplicable.
In 2005, plaintiff sued defendant in federal court for patent infringement, and the action was settled in 2007. In 2008, plaintiff sued defendant for breach of settlement agreement, once again in federal court. In 2010, plaintiff brought an action against defendant in state court, contending fraudulent transfer of assets in frustration of the settlement agreement. Defendant […]
Strict Construction For Damages.
Plaintiff was severely injured while operating a power press in the manual mode because the material being shaped had to be moved onto and off of the die by hand. The press was equipped with a two-hand activator system for operation in manual mode, and the die would not strike unless the operator used both hands […]
Lease Survives Foreclosure.
Plaintiffs had rented space in a converted garage unit for several years when the residential property was foreclosed upon by a bank. The trial court granted the bank’s motion for summary judgment based on its determination the foreclosure sale extinguished plaintiff’s lease. Citing the Protecting Tenants Against Foreclosure Act of 2009 [PTFA; Pub.L. 111-22, Div. A, […]
The Evolution Of The Tort Of Conversion.
An employee made several hundred thousand dollars in purchases on his employer’s credit card, and the employer brought an action for conversion. Following a bench trial, the court entered judgment in plaintiff’s favor for $446,447.81. On appeal, the employee/defendant contended that the use of a credit card to obtain money did not constitute the tort of […]
Court Did Not Exercise Its Discretion To Relieve A Tenant From Default In Unlawful Detainer Action.
A landlord filed an unlawful detainer complaint against a tenant who didn’t pay the rent. A default and default judgment were entered against the defendant tenant. The defendant/tenant brought a motion to set aside the default pursuant to Code of Civil Procedure sections 473 and 473.5, claiming he was not personally served with the complaint as […]
Moral Turpitude Felony Results In Disbarment.
A member of the State Bar was admitted in 1994. In 2008, he was charged with three counts of knowingly possessing or controlling child pornography, and pleaded guilty to one felony count. He was placed on probation for three years, terms and conditions of which included 90 days in jail and lifetime registration as a sex […]
Burden Of Proof In Patent Case Brought As A Declaratory Relief Action.
The dispute revolves around a license given to licensee by licensor/patentee to practice certain of licensor’s patents in exchange for royalty payments. Licensor contended licensee infringed the licensed patents, and licensee challenged that assertion of infringement in a declaratory relief action. The district court concluded licensor/patentee, as the party asserting infringement, had the burden of proving […]
Under Eighth Amendment Trial Court Not Relieved Of Considering Defendant’s Youth When Sentencing Despite New Statute.
A gang-member defendant committed manslaughter and attempted murder when he was 15 and 16 years old and was sentenced to a determinate term of 23 years as well as a consecutive indeterminate term of 80 years to life. The appellate court was faced with two unique questions. The first one concerned the fact that the bulk […]
Summary Judgment Reversed Despite Discovery Responses.
Defendant moved for summary judgment after plaintiff responded to special interrogatories and requests for production by stating they did not know whether any facts or documents supported various allegations of their complaint. In opposing summary judgment, plaintiffs explained the initial discovery responses were “a mistake” in a declaration. The trial court granted the motion for summary […]
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