After a large judgment in favor of plaintiffs in a fraud action, defendants appealed. The trial court had enjoined defendants and their agents from selling, spending, transferring or dissipating any part of their assets. When plaintiffs learned defendants violated the orders, they filed a motion to dismiss defendants’ appeal under the doctrine of disentitlement, identifying […]
Wrong Analysis Establishing Trial Court Error.
After losing her action against a business which allegedly permitted water and sewage to flow into a subleased premises causing damage, a plaintiff did not appeal. Instead she filed a legal malpractice action against her lawyer, alleging the lawyer failed to designate and call an expert witness at the trial on the issue of whether […]
Statement Of Damages Served After BK Stay Lifted.
Instead of answering a medical malpractice complaint, a plastic surgeon filed bankruptcy. The plaintiff was granted relief by the bankruptcy court to proceed against the debtor “so long as recovery against debtor is limited to available insurance proceeds.” Plaintiff then served defendant’s insurer with a notice of default hearing, accompanied by a statement of damages […]
Two Judges Hearing Case In Appellate Division Of Superior Court Were Not Enough.
A man convicted of a misdemeanor appealed to the appellate division of the superior court, which affirmed his conviction. When the appellate division heard his appeal, however, there were only two judges. When the man complained, the appellate division held that two judges are sufficient. The man petitioned the Court of Appeal for extraordinary relief. […]
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 […]
Offer To Compromise: “. . .Pretty Soon, You’re Talking Real Money,” Sen. Everett Dirksen.
In an insurance bad faith case with alleged damages in excess of $500,000, the insurance company made an offer to settle for $30,000 pursuant to Code of Civil Procedure section 998. The offer to compromise was not accepted. Later, judgment was entered in favor of the insurance company, which then submitted its memorandum of costs, […]
Unacceptable Behavior By Lawyer In Court.
In a trial for injuries resulting from a car accident, the trial court ordered the defense lawyer to refrain from asking a certain question until a foundation was made demonstrating the witness had the expertise to testify on that issue, and that the court would make the foundation determination outside the presence of the jury. […]
Conviction Reversed Because Prosecutor Was Discriminatory In Jury Selection.
A federal appellate court reversed the California state court murder conviction of a 17- year-old Hispanic boy, after concluding the prosecutor excused too many Hispanic jurors. Each side could excuse 20 potential jurors from the jury. Here, the prosecutor excused 12, and 7 of those 12 were Hispanic. The Ninth Circuit Court of Appeals concluded the prosecutor […]
Limited Civil Case For Debt Collection Reversed Based Upon Documentary Evidence.
A purchaser of a delinquent debt, the plaintiff, filed an action against the debtor, defendant. In limited civil cases, under Code of Civil Procedure section 98, documentary evidence may be introduced at trial under certain circumstances, including that the affiant is located within 150 miles of the place of trial, and, thus, available for service […]
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 […]
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