A jury awarded the plaintiff $6,000,000 non-economic damages in a medical malpractice case and the trial court reduced the award to $250,000.00, pursuant to Civil Code §3333.2, passed as part of the Medical Injury Compensation Reform Act, (MICRA), in 1975. Plaintiff appealed, claiming the reduction violated her rights to equal protection and to a jury […]
Party Did Not File Own Peremptory Challenge.
One defendant filed a peremptory challenge but was dismissed from the action before the trial judge reviewed and accepted it. Another party to the case argued “the peremptory challenge became immutable and irrevocable at the moment it was made, instantly requiring the removal of the assigned judge.” The Court of Appeal found the trial judge […]
Between The Pot And A Hard Place.
Pursuant to a search warrant, police seized 12 seven-foot tall marijuana plants, freezer bags containing a total of about five ounces of marijuana, a tray of loose marijuana and rolling papers which plaintiff used for medicinal purposes. The court denied plaintiff’s first motion to return his property. Criminal charges were filed, police destroyed most of […]
High Heels Get Caught In Concrete Crack.
Plaintiff caught her foot in a walkway separation and “the toe of [her] right shoe . . .started to go forward” and she went down suffering injuries to her hands, wrists, elbows and knee. A jury awarded her $1,336,197 and the trial court granted both a JNOV and a new trial, ruling that “no reasonable […]
Primary Assumption Of The Risk Applies To Organized Recreational Motorcycle Riding.
Plaintiffs were injured while participating in a “Pursuit for Kids Toy Drive” organized annually by Harley-Davidson. As the procession of motorcycles drove along one lane of the freeway, a van turned into the lane, resulting in injuries to the plaintiffs. The trial court granted summary judgment for Harley-Davidson, holding it owed no duty to plaintiffs. […]
Forum Selection Clauses Not Always Enforced.
After more than 19 months of litigation in California, the defendant/lender moved to dismiss or stay the lawsuit based on a forum selection clause that required the plaintiff/borrower to sue in Illinois. The Court of Appeal found that Civ.Proc. §410.30 does not permit a motion to be made at any time, and that such clauses […]
Expert Costs Add Up.
Plaintiffs turned down a $10,000 offer made under Civ.Proc. §998 and the matter proceeded to trial. Ford won and submitted a cost bill totaling $185,741.82. The court rejected plaintiff’s argument the offer was unreasonable and made in bad faith and that, besides, the expert witness fees were not reasonably necessary for Ford’s trial preparation. The […]
Expert Designation Inadequate In Medical Malpractice Case.
This is what the Cailfornia Code of Civil Procedure §2034.210 designation stated: “Plaintiff intends to call various treating health care providers as expert witnesses at trial,” which “are regarded as percipient witnesses not retained experts.” It continued to explain that “because treating physicians and other healthcare providers are not retained expert witnesses . . ., […]
Class Certification Should Not Have Been Denied Without An Opportunity To Amend.
Senior citizens in a mobile home park subject to rent control alleged they were induced into a condominium conversion through false promises about their lot prices, but once they converted, the owners raised the prices so high, they couldn’t afford them. They appealed an order denying their motion to certify a class action for breach […]
Summary Judgment Affirmed-No Valid Transfer Of Copyright.
The author of a work called The Match was also the owner of a copyright for the work. The lawyer for an entertainment agency proposed certain terms to the lawyer for the copyright owner and sent a writing: “Let me know if this is okay and we’ll send paperwork.” The lawyer for the owner of […]
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