A consumer served a dietary supplement manufacturer with a one page notice and demand, pursuant to Civil Code section 1782 [ Consumer Legal Remedies Act; CLRA ] via certified mail contending that its product “Amberen,” was being marketed falsely and misleadingly as a “natural remedy for Menopausal symptom relief,” in violation of the CLRA. The […]
“A Successful Lawsuit Is One Worn By A Policeman,” Robert Frost.
In March 2004, a real estate broker signed an exclusive listing agreement with the seller of acreage. In September 2004, a potential buyer extended an offer directly to the seller. Meanwhile, as the seller negotiated with the potential buyer, plaintiff continued to market the property. The sale of the property closed in July 2005 with […]
New Trial Ordered In Breach Of Fiduciary Duty Action; Limited To Remedies Only.
Preferred shareholders in a now-dissolved software company brought action against the company’s chief financial and chief executive officers, contending they colluded to secure a preferential sale of the company’s assets to another company, thus violating their fiduciary duties. The court, after a bench trial, concluded the two had committed a breach of fiduciary duty, but […]
“Don’t Worry, You Don’t Have To Pay My Attorney Fees Unless We Win.” Expected Response? …Thank You; …That’s A Relief; …That’s Kind Of You. Yeah Right.
In a FEHA [Government Code section 12900, et seq.; Fair Employment and Housing Act] employment discrimination action, a law firm advanced all costs and agreed to charge no attorney fees unless the outcome was successful. A jury awarded her $266,347 in damages, and the trial court awarded $623,908.12 in attorney fees and $26,932.84 for costs. […]
Statute Of Limitations For In Utero Exposure To Toxics.
Plaintiff was born with a birth defect affecting the structure of her brain. She alleges in her action against her mother’s former employer that her injuries were caused by her mother’s exposure and her in utero exposure to hazardous and toxic chemicals at her mother’s workplace more than 20 years earlier. The suit was filed […]
This Contract Was Definitely Breached…So Was The Sewer Pipe.
Plaintiffs entered into contracts to have their telephone, internet and satellite television services installed. The installation did not go as planned, as a technician drilled through a sewer pipe. Plaintiffs brought an action for breach of contract, negligence and other torts. A jury awarded $109,000 in damages and the court entered judgment. On appeal, the […]
Misappropriation Of Likeness: “People Will Stare. Make It Worth Their While.” Harry Winston.
Plaintiff is a company that specializes in the protection of personal image rights, and is the assignee of two models who are not parties to the action. Plaintiff sued defendant for common law and statutory misappropriation of likeness based on defendant’s unauthorized display of the models’ images in connection with advertising cosmetic medical services. The […]
Jury Award Of Economic Damages Reversed.
In a whistleblower retaliation lawsuit brought by a deputy sheriff under Labor Code section 1102.5 (b), the jury returned a special verdict in the deputy’s favor, awarding $4,506,015 in damages, $2,006,015 in lost earnings ($806,041 in backpay and $1,199,974 in future lost income), and $2,500,000 in non-economic damages. On appeal, the County contended there were […]
The Confusing World Of Requests For Admissions.
In an appeal following a trial concerning a property line dispute, an appellant contended the trial court abused its discretion in denying costs after the other side failed to admit a request for admission. The requests for admissions asked the party to admit “the boundary lines between plaintiffs’ property and defendants’ property are accurately described […]
Court Erred In Granting Summary Adjudication On Liability Alone.
After several years, one party to a contract decided it became economically infeasible to continue supplying its product at the contract price. When negotiations to resolve the issue failed, the other party filed suit and then moved for summary adjudication on the issue of liability for breach of contract, but not on the issue of […]
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