Criminal lawsuit 374
April 22nd, 2011 
admin Premises Liability is anther area of San Diego Personal Injury Law.
County of Los Angeles v Superior Court 181 Cal.App.4th 218 (2010) (2/3) Plaintiffs claimed search and seizure exceeded scope of warrant and lacked probable cause, and DA lost the seized property, all violating § 1983 (against DA himself only) & CC § 52.1. [1] Criminal investigation is essential part of prosecution, and immune under Gov C sec 815.6. Immunity covers obtaining warrant, search, seizure, and even damaging property. Immunity prevails over state civil rights act. San Diego personal injury attorney [2] § 1983 solely against DA fails as Eleventh Amendment protects state policy makers, and DA is a state policy maker by state law.
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Brown, Winfield & Canzoneri v Superior Court 373
April 22nd, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Brown, Winfield & Canzoneri v Superior Court 47 Cal.4th 1233 (2010) (George 4-3) Appellate writ, Palma procedure (peremptory writ relief in the first instance rather than alternative writ or OSC). Not improper for Court of Appeal to issue “suggestive Palma notice.” such suggestion, even if styled as an order, is merely a strong recommendation (or tentative ruling) to a trial court to reconsider its ruling. (CRC 8.485) If the trial court reconsiders, it should have briefing and hearing. Dissent: Suggestive Palma notices are probably impermissible, but even if they are, the court should not permit them. The procedure subverts orderly process. Worse, is the pernicious effect on lawyers’ advising their clients on whether to wait (usual peremptory response) or to oppose (usual alternative or OSC response). San Diego personal injury attorney Clients’ costs will go up, for no good reason. [Dissent has better argument in my view.]
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Unauthorized use of pictures and names 372
April 22nd, 2011 admin Premises Liability is anther area of San Diego Personal Injury Law.
Stewart v Rolling Stone LLC 181 Cal.App.4th 664 (2010) (1/1) Anti-SLAPP. Tobacco company ads and magazine editorial used plaintiffs’ pictures and names. Sued for un authorized use . CC § 3344. anti-SLAPP denied; reversed. [1] Acts were in furtherance of free speech; thus 425.16 applies. San Diego personal injury attorney Because Plaintiffs did not show Defendants acted with malice, constitutional free speech and free press
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False depsition testimony 371
April 22nd, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
W, and expert witness, C, claiming they forced her to settle prior products liability case–that W&C were planning to build and sell improved product and that C gave false deposition testimony. Not SLAPP-protected activity, where client alleges lawyer’s negligence breach of duty of loyalty. “We see no reason to create an exception for an expert witness retained by [client].” San Diego personal injury attorney Gravamen of case is not litigation-related speech, but conduct outside the litigation.
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Truck accident 370
April 22nd, 2011 admin Auto accidents are another area of San Diego Personal Injury Law.
American Internat. Underwriters Ins. Co. v American Guarantee & Liability Ins. Co. 181 Cal.App.4th 616 (2010) (6) AGC’s insured, DT, contracted with AUI’s insured, DD, to haul soil. DD’s truck injured T. AGC commercial auto policy covered DT’s owned and hired vehicles. San Diego personal injury attorney ‘Hiring” defined by CC § 1925 as synonymous with ‘renting.’
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Medical malpractice Stein v York 369
April 18th, 2011 admin Premises Liability is anther area of San Diego Personal Injury Law.
Stein v York 181 Cal.App.4th 320 (2010) (4/3) [1] Legal malpractice claim on default. Default requested “$0.00.” Even if Defendant had participated in case and constructively aware of default, Plaintiff must still specify and serve the amount of damages. [2] time for appeal following motion or notice of intent to move to vacate judgement is earliest of three: [i] 30 days after mailing notice of denial; [ii] 90 days after filing motion or notice of intent; San Diego personal injury attorney or [iii] 180 days after judgment entered.
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Trucking company failed to disclose hauled dump truck 368
April 18th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Superior Dispatch Inc. v Insurance Co. of New York 181 Cal.App.4th 175 (2010) (2/3) Trucking company S failed to disclose it hauled dump trucks. Failure’s materiality shown by underwriter’s testimony that dump trucks means ahigher premium. Misrepresentation invalidates policy. San Diego personal injury attorney S’s § 17200 claim fails, as S lacks standing.
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Steroid hormone case 367
April 18th, 2011 admin Product Liability is another area of San Diego Personal Injury Law.
Steroid Hormone Product Cases 181 Cal.App.4th 161 (2010) (2/4) class action B&PC § 17200. No requirement that unnamed class members must show actual damages. Consumer legal Remedy Act, CC § 1770, proof of causation and injury, § 1781, satisfied by showing material misrepresentations made to class members. San Diego personal injury attorney Materiality shown by reasonable person standard–would person be misled?
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Incarcerated in half-way house with her daughter 366
April 18th, 2011 admin Premises Liability is another area of San Diego Personal InjuryLaw.
Lawson v Superior Court 180 Cal.App.4th 1372 (2010) (4/1) Government tort liability. DL was incarcerated in half-way house with her infant daughter, EL. EL claimed personal injury and failure to obtain medical treatment to a person in immediate need, and DL claimed emotional distress. [1] State and its employees are immune from DL’s claim in that she is a prisoner. GC § 844.6. [2] EL is not a prisoner, so no immunity. GC § 844. [3] Also, special relationship tort duty between custodial agency and EL in that she was vulnerable and defendant. [4] GC § 815.6 mandatory duty not applicable. 15 CCR 3350 et seq only calls for creating a medical plan; it does not specify who or what care should be provided. San Diego personal injury attorney [5] Private corporation and employees operating the half-way house are not entitled to government tort liability.
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Medical treatment lawsuit 365
April 11th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Nieto v Blue Shield of California Life & Health Ins. Co. 181 Cal.App.4th 60 (2010) (2/2) B canceled N’s coverage for willful misrepresentation of prior chronic medical treatment. [1] Proper to consider a MSAI even though prior MSJ denied: different motion raising a different issue. [2] No insurance bad faith claimfor ‘postclaim underwriting’ a fraudulent misrepresentation is proper ground for cancellation. San Diego personal injury attorney.
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