In 2008, the superior court issued a three-year restraining order against defendant/appellant. At the end of the three years, the plaintiff/respondent requested a renewal of the restraining order, and defendant/appellant opposed the request. In 2011, the court renewed the order, this time until 2016. The appellate court affirmed the order of the trial court, noting that […]
Not All Venue Selection Clauses Are Contrary To Public Policy.
A wholesale food distributor with its principal place of business in San Diego contracted with a restaurant chain and entered into a “Master Foodservice Distribution Agreement” [MFDA]. The MFDA contained a venue selection clause stating “any litigation related to or arising from this Agreement may be brought in a state or federal court located within Orange […]
Bicycle On A Sidewalk.
Plaintiff college student left college on his bicycle. At first, he traveled on the street with the vehicular traffic, then he crossed to the sidewalk against the flow of traffic on the street. As he approached a supermarket parking lot, defendant drove her car out of the parking lot, over the threshold between the parking […]
If At First You Don’t Succeed With A Motion For Mandatory Relief, Don’t Wait Too Long To Try, Try Again.
In a dispute involving construction of a condominium project, defendants failed to file a responsive pleading after the court denied defendants’ petition to order the matter into arbitration. The trial court entered a $1.7 million default judgment. Defendants moved for mandatory relief pursuant to Code of Civil Procedure section 473(b), which the trial court denied because […]
Suicide May Be Compensable Even If It Is Planned.
In 2001, while working as a ship laborer, plaintiff fell 25 to 50 feet from a barge to a dry dock, landing on a steel floor. He suffered blunt trauma to the head, chest and abdomen, a fractured rib and scapula and knee and back pain. He resumed work but left after a while. He filed […]
Only Three (3) Grounds For Custodial Arrest For An Infraction.
Plaintiff was standing inside a playground surrounded by a fence that had “No Trespassing” signs posted at every entrance. Two police officers arrested him for trespassing and took him to the police station where he was cited for trespass and released. Later plaintiff filed an action against the police officers and the city for violating 42 […]
Rule Set Forth In Howell v. Hamilton Meats & Provisions, Inc. Applied During Post-Trial Motion.
As plaintiff, a disabled man, passed through the threshold of a door to exit a store, the automatic doors closed on him three or four times before he was able to pass through. When he made it through the doors, he fell to the ground because his leg became twisted. He was taken by ambulance to […]
Writer Unable To Show ABC Had Access To His Ideas When It Created “LOST.”
In 1977, plaintiff, a writer, submitted to ABC a script called “L.O.S.T.” about a group of eight survivors connected to the U.S. Olympic team whose plane crash-lands deep in the Himalayas. ” Five of the survivors are Olympic-bound athletes, one is the team physician, one is a television reporter, and one is the pilot. Among the […]
No Qualified Immunity For CHP Officer.
After being penned in by police officers, the driver of a stolen vehicle refused to turn off the engine following a 100 mph police chase. One officer opened fire on the driver, killing her. A jury awarded $30,000 each to the two children of the driver, and the court awarded almost a half a million dollars […]
To Avoid An IRS Late Filing Penalty Can You Trust Your Accountant’s Advice About When Your Taxes Are Due?
Plaintiff was acting as the executor of an estate when he asked his accountant to apply for an extension of the deadline to file the estate-tax return from the Internal Revenue Service. The accountant told him the deadline had been extended for one year, when, in fact, it had only been extended for six months. When […]
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