In Honor of Francis Walsh
Esparza v. Kaweah DeEsparza v. Kaweah Delta Dist. Hosp., No. F071761 (D5 Sept. 21, 2016)When he wasn’t randomly digressing on the Warsaw Convention, my torts professor managed to say in pretty much...
View ArticleRisky Move Does Not Pay Off
City of San Diego v. San Diegans for Open Gov’t, No. D068939 (on rehearing, Oct. 17, 2016)San Diegans for Open Government—somewhat of a gadfly litigant in local matters down there—won an attorney fee...
View ArticleNew Trial, Notwithstanding a Lack of Substantial Evidence
Licudine v. Cedars-Sinai Med. Ctr., No. B268130 (D2d2 Sept. 29, 2016) The court here affirms the grant of a motion for new trial on damages for a law student injured due to a surgical mistake,...
View ArticleSometimes It Pays to Interplead.
Wertheim, Inc. v. Omidvar, No. B262485 (D2d1 Sept. 29, 2016)This is a complicated and long running fight between two entities that appear to be jockeying to swindle a widow of her dead husband’s ASCAP...
View ArticleSo Much for Your Privacy . . .
Doe v. Superior Court, No. B271508 (D2d1 Sept. 29, 2016)Last year, California enacted a “revenge porn” law, which provides for a private right of action against someone who without consent distributes...
View ArticleNew Judgment Adding Fees Does Not Restart the Clock
Hjelm v. Prometheus Real Estate Grp., No. A142723 (D1d2 Oct. 5, 2016) Plaintiffs’ apartment became infested with bedbugs. They sued their Landlord and won before a jury. Plaintiffs also obtained an...
View ArticleFollow the Verdict Form
Markow v. Rosner, No. B260715 (D2d1 Oct. 4, 2016).A jury awarded damages to Plaintiffs—a patient and his wife suing for loss of consortium—in a med-mal case. The jury purported to allocate the award...
View ArticlePotentially Overbroad Notice Does Not Render Class Not Ascertainable
Nicodemus v. St. Francis Memorial Hosp., No. A141500 (D1d4 Oct. 6, 2016) Case is a class action dealing with access to medical records under Evidence Code § 1158, which requires a hospital to promptly...
View ArticleA Malpractice Hall of Mirrors
Gotek Energy Corp. v. SoCal IP Law Grp., No. B266684 (D2d6 Oct. 12, 2016)Client hires “Law Firm #2” to bring a malpractice case against Law Firm #1—its prior patent counsel—for blowing a deadline for...
View ArticleAssemblyman-Lawyer Is No Scheduling Trump Card
Verio Healthcare v. Superior Court, No. G053068 (D4d3 Oct. 12, 2016).When a party’s attorney is also a member of the California Legislature, §§ 595 and 1054.1 of the Code of Civil Procedure provide,...
View ArticleD2d5 Gets Some Font Technology
State of Cal. v. Superior Court, No. B276233 (D2d5 Oct. 13, 2016)I like the Century Schoolbook font. It’s relatively spacious and easy to read in a brief. The SCOTUS rules and the Seventh Circuit’s...
View ArticleOverhead
Cal. Pub. Records Research, Inc. v. County of Yolo, No. C078158 (D3 Oct. 14, 2016) This case is a complaint about records copying fees, akin to the County of Stanislaus case brought by the same outfit...
View ArticleThe Death Knell Still Rings Naught!
Nguyen v. Applied Med. Res. Corp., No. G052207 (D4d3 Oct. 14, 2016)Denials of class cert motions and grants of motions to compel arbitration of claims subject to class action waivers are usually...
View ArticleThese Bills Are Too Damn High...
Moore v. Mercer, No. C073064 (D3 Oct. 21, 2016)Yet another case addressing the Howell rule for measuring past medical costs as and element damages in a PI case. Under that rule the initial rates billed...
View ArticleControl, Default, and Alter Ego.
Wolf Metals v. Rand Pac. Sales Inc., No. B264002 (D2d4 Oct. 25, 2016)Plaintiff is trying to enforce a default judgment. After a lack of success, it moves to add two new judgment creditors, one on the...
View ArticleA Writ Lesson, of Sorts
Agric. Relations Bd. v. Superior Court, No. C08373 (D3 Oct. 25, 2016) This is a writ taken from an administrative proceeding addressed to a question of governmental attorney client privilege. But...
View ArticleYou Ain't an AG
Millview Cnty. Water Dist. v. State Water Res. Control Bd., No. A145428 (D1d1 Oct. 26, 2016)A local water district and some citizens who leased it a riparian water rights claim won a lawsuit against...
View ArticleProgress Be Damned....
Khosh v. Staples Constr. Co., No. B268937 (D2d6 Oct. 26, 2016)Another of D2’s “new font” opinions. I am on record that the Century Schoolbook is an improvement. But I still find the line spacing kind...
View ArticleDon't Go There.
Contreras v. Dowling, No. A142646 (D1d5, as modified Nov. 18, 2016) No matter how much your client wants to, it is a really bad idea to sue opposing counsel for litigating against your client. An...
View ArticleUnexpected Comeuppance for Jerky Trial Behavior
Bigler-Engler v. Berg, Inc. No D063556 (D4d1 Oct. 28, 2016)This is a really loooonnnng opinion arising from an appeal of a products liability trial. Defendants sold, marketed, and prescribed a cold...
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