Six months ago, the decision of Harbour Vista LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Civ.Proc. §764.010 provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence […]
Another Juror On Facebook…Court Gets Serious!
Following a criminal conviction, the court learned that during the trial a juror had posted items on Facebook concerning the trial. The court ordered the former juror to execute a consent form pursuant to the Stored Communications Act [SCA; 18 U.S.C. §2701 et seq.] authorizing Facebook to release to the court for an in camera […]
Noneconomic Damages Recoverable Despite Plaintiff’s Lack Of A Driver’s License.
Plaintiff, who was unlicensed, suffered serious and permanent brain injuries in a car accident. A jury awarded her $31,656,208. Defendant, who admitted liability, argued Civil Code §3333.4 prevented plaintiff was recovering $22,000,000 of the award, the portion for noneconomic damages. The vehicle the plaintiff was driving was purchased and insured by her father. Section 3333.4 […]
When You Point A Finger At A Doctor, Back It Up.
Plaintiff was injured when an elevator fell six floors. One of the defendants asked a question at trial about whether or not a treating physician met the standard of care. The trial judge sustained the plaintiff attorney’s objection. During deliberations, the jury asked whether it could assign a percentage of responsibility to a person not […]
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