A deputy sheriff was convicted of violating Penal Code section 242, battery upon his live-in girlfriend, in 1993. He was placed on three years’ probation. His posttrial motion requesting an order granting him relief from the prohibition against possessing and owning a firearm under section 12021 was granted. He successfully completed probation and then successfully moved to have […]
No New Trial On Issue Of Lost Profits.
A company obtained patents on a dental implant. It entered into an agreement for a university to conduct a clinical study of the implant. Later, the company brought an action against the university for failure to timely deliver the promised reports, asserting causes of action for breach of contract and various torts. Eventually the matter was […]
Notification Requirement In Foreclosure Sale Set Forth In Code of Civil Procedure § 729.050 Is Not Satisfied By Common Law Presumption Of Regularity.
A homeowners association notified homeowners they were delinquent in paying their monthly assessment fees. After the homeowners disputed the debt, the association conducted a nonjudicial foreclosure sale. The homeowners brought an action to set aside the foreclosure sale and the trial court granted summary judgment in favor of the association. The appellate court reversed, after rejecting […]
Insurer Cannot Avoid Its Contractual Duty.
The United States Attorney for the Central District of California filed a grand jury indictment against a medical doctor alleging the doctor conspired with another doctor and employees to transplant a liver into the wrong patient. The doctor tendered the defense to the charges to his insurance company, which insurer declined to defend pursuant to Insurance […]
Anti-SLAPP Motion Should Not Have Been Granted.
A landlord served a tenant with a three-day notice to cure or quit, and the tenant brought an action against the landlord requesting declaratory relief and alleging breach of contract and intentional interference with contract. The landlord filed an unlawful detainer action, and with regard to the tenant’s complaint, filed an anti-SLAPP motion under Code of […]
Attorney-Client Privilege May Be Passed On To A Bankrupt Corporation’s Insurer.
A bankrupt corporation which purportedly only existed as a shell through which personal injury claims were passed on to its insurer for resolution was sued for personal injury. Pursuant to its reorganization plan, the action was submitted to its insurers, who provided a defense. When discovery was propounded to the corporation, the corporation’s attorney (who had […]
Zoning Ordinance Does Not Conflict With State Law Or Constitutional Principle.
Defendants operated a marijuana collective in an agricultural zone, and the county brought an action for injunctive relief, seeking to stop a nonconforming use of property. A county zoning ordinance related to the location of medical marijuana collectives and cooperatives [MMC’s] states they “shall not be established or located in any zone in the County of […]
Think Theories Through Before Filing Complaint!
Plaintiff, an attorney, represented a client, also an attorney, in a prior civil suit against the client’s employer for discrimination, harassment, retaliation, wrongful termination, and other related claims. By motion, plaintiff withdrew from the case at the beginning of trial. The client could not find another attorney to represent her, and the trial court dismissed the […]
Total Amounts Of Medical Bills Not Relevant.
Two plaintiffs were passengers in a taxi cab when another vehicle collided with the cab and they were injured. The defendant, the driver of the other car, was convicted of fleeing the scene of an injury accident, and was sent to prison for three years. A jury found the passengers suffered $1.8 and $1.4 million in […]
Professional Negligence Action Against Prison Doctor.
Plaintiff was a prisoner in state prison when he alleges he was negligently treated by a doctor. The trial court granted summary judgment for the doctor on plaintiff’s two causes of action: breach of fiduciary duty and professional negligence. The appellate court reversed, stating: “With respect to his breach of fiduciary duty claim, [plaintiff] alleged in […]
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