This case involves a vineyard versus winery boundary dispute. After a bench trial, the court ruled in favor of the vineyard, quieted title, granted injunctive relief, awarded $1 in damages for past trespass and awarded the vineyard $117,000 in attorney fees under CCP § 1021.9, which provides: “In any action to recover damages to personal […]
“No Good Deed Goes Unpunished:” Clare Boothe Luce.
A civil engineer, the cross-defendant herein, was hired to prepare plans to build a pier. His plans called for a very particular kind of concrete mixture, which concrete was supplied by defendant/cross-complainant. After defendant/cross-complainant prepared the concrete, cross-defendant gratuitously reviewed the recipe used and approved the prepared concrete. On the day of the concrete pour, […]
“Only Noneconomic Damages Awarded By The Court Are Actually Capped;” Settlement Didn’t Count Toward MICRA’s $250,000 Limitation.
The California Supreme Court considered whether a jury’s award of noneconomic damages, reduced by the court to $250,000 under Civil Code section 3333.2 [MICRA], may be further reduced by setting off the amount of a pretrial settlement attributable to noneconomic losses, even when the defendant who went to trial failed to establish any comparative fault […]
Insured Entitled To Conditional Judgment Against Insurance Company.
Three days after an insurance company issued a property policy, burglars caused serious damage to the building by stripping all electrical and other conductive materials. The policy provided two different measures for reimbursing covered damages: the full cost of repairing the damages, so long the repairs were actually made, or the depreciated value of the […]
$18 Million Punitive Damages Award Upheld.
A jury awarded $30 million in compensatory damages and $18 million in punitive damages against Union Carbide in an asbestos/mesothelioma case. The trial court issued a remittitur, reducing the compensatory damages to $6 million, which plaintiffs accepted. But the trial court declined to reduce the punitive damages. The appellate court concluded the evidence was sufficient […]
“I Think I’ll Sue My Client For Fees.”
A lawyer sued his former client for unpaid fees and costs. After traveling through the trial court, up to the Court of Appeal, back to the trial court, into arbitration and then once again back to the trial court, the trial court, agreeing with the arbitrator, concluded the client had fully paid what he owed. […]
A Private Property Owner May Not Limit The Remedy Of A Neighbor Property Owner.
In expanding, a ski resort dug a water retention basin to change its drainage system. The diverted run-off adversely affected 180 downhill condominium units. A lawsuit resulted, and the trial court granted a permanent injunction that requires the ski resort to remove its retention basin. On appeal, the ski resort argued there was no entitlement […]
Failure To Warn.
When a teenage girl and her older sister, wearing only their two-piece bathing suits, boarded a personal watercraft [PWC], they were given no instructions of any kind, safety or otherwise. Printed on a label located under the handlebars on the console of the PWC was: “WARNING. . . severe injuries to body cavities can occur […]
$18 Million Punitive Damages Award Affirmed On Appeal.
In an asbestos case, wherein a worker developed mesothelioma, and his wife suffered a loss of consortium, a jury awarded $30 million in compensatory damages, after finding defendant 65 percent at fault, and awarded $18 million in punitive damages. The plaintiffs accepted the trial court’s remittitur with regard to reducing the compensatory damages to $6 […]
Buyer Of Real Property May Not Rely On Appraisal Ordered By Lender.
Plaintiff entered into a written contract to buy vacant land. His lender hired a real estate appraiser to perform an appraisal of the property. Upon determining the property he purchased was unsuitable for his purposes, plaintiff brought an action against the appraiser for negligent misrepresentation, alleging the property value in the appraisal was in excess […]
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