The City of Los Angeles sought an abatement of a public nuisance against operators of medical marijuana clinics who were violating the law. One of the remedies sought by the City was an award of civil penalties. The trial court denied the City’s motion for summary judgment and summary adjudication, basing its ruling on its […]
Health Club Release From Liability In Plaintiff’s Membership Agreement Valid.
A clip failed on a rowing machine at a 24 Hour Fitness, resulting in severe injury to plaintiff. Plaintiff had signed a release, agreeing the facility was not responsible for injuries, even if they occurred as a result of its own negligence. The trial court granted 24 Hour Fitness’s motion for summary judgment. On appeal, […]
The Fall Of The Musician.
A professional musician who was injured after he fell from a stage at a country club brought an action against the club for negligence. The stage, owned by the club and put together by the club on the day of the performance, consisted of four rows, known as risers, each approximately two feet high and […]
Summary Judgment Reversed In Truck Roll-Over Action.
Two men were driving a tractor-trailer across the country. One was driving while the other slept in a berth when the vehicle rolled over. The man who was sleeping is the plaintiff here. Plaintiff sued the owners of the tractor and the owners of the trailer for negligence. The court granted summary judgment in favor […]
Summary Judgment In Favor Of Holding Company Reversed; Trier Of Fact May Infer It Is An Employer.
A plaintiff filed a class action on behalf of himself and other certified nursing assistants for unpaid minimum wages and overtime wages. He contends defendant, a holding company with no employees, is the alter ego of a nursing facility where he worked and its “corporate veil should be pierced.” The trial court granted defendant’s motion […]
No Good Cause Shown To Continue Motion For Summary Judgment.
Code of Civil Procedure section 437c(h) provides that if it appears facts essential to justify opposition to a motion for summary judgment, upon a showing of good cause that an extension of time is needed to obtain those facts, “the court shall deny the motion, or order a continuance to permit affidavits to be obtained […]
Grant Of Summary Judgment Reversed In Police Shooting.
Police officers stopped a car for a broken tail light after being informed the driver was a methamphetamine-selling gang member. They shouted for the driver to get on the ground as he was emerging from the vehicle. According to four of the officers, he ignored their commands and instead reached for the waistband of his […]
If A Tree Falls On A House And No One Is Around To Prune It, Does It Make A Lawsuit?
During a windstorm, a tree owned by a City fell on a residence. As a result of the damage caused to the house, the homeowner’s insurer paid benefits for the damage under the homeowner’s insurance policy. The insurer then sued the City for inverse condemnation and nuisance based on the damages caused by the tree. […]
Summary Judgment Affirmed On Fraud Causes Of Action.
Cross-complainant purchased Blackacre. After close of escrow, the owners of the adjacent property, Whiteacre, claimed easement rights across Blackacre and sued to quiet title. The dispute concerned the use of a paved driveway between two commercial properties which had been openly and notoriously used by Whiteacre for years. The owner of Blackacre cross-complained for concealment/suppression […]
When One Brings A Technical Summary Judgment Motion, One Must Also Meet All Technicalities, Both In The Trial Court And On Appeal.
Plaintiff was exposed to asbestos from the defendants’ products or activities when he worked in various construction trades. The trial court granted summary judgment in favor of all defendants. The appellate court affirmed as to all but one defendant, stating the majority of defendants met their initial burdens on summary judgment and the evidence and […]
- « Previous Page
- 1
- 2
- 3
- 4
- …
- 8
- Next Page »