FEHA attorney fees case 364
April 11th, 2011 
admin Premises Liability is another area of San Diego Personal Injury Law.
Chavez v City of Los Angeles 47 Cal.4th 970 (2010) Kennard 7-0. FEHA attorney fees case filed as unlimited civil matter, but recovery was “less than half the $25K jurisdictional limit for a limited civil case.” Plaintiff requested $871K attorney fees. CCP § 1033(a) gives court discretion to deny attorney fees. Trial court must give “due consideration to policies and objectives of the FEHA in general and its attorney fee provision in particular. But in view of “Plaintiff’s minimal success and grossly inflated attorney fee request,” trial court had discretion to deny attorneyfees totally. San Diego personal injury attorney
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Baker vs National Interstate ins. 363
April 11th, 2011 admin Premises Liability is another area of San Diego Personal Law.
Baker v National Interstate Ins. Co. 180 Cal.App.4th 13319 (2010) (2/8) B’s decedent C killed in bus once owned by FW. FW sold bus to C and performed postsale inspections and repairs. B sued for negligent repair and inspection. N refused coverage under standard products hazard exclusion. Exclusion was unambiguous. FW’s inspection constitutes the ‘work’ under the exclusion definition. Lengthy opinion. San Diego personal injury attorney
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Priceline.com lawsuit 362
April 11th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Priceline.com v City of Anaheim 180 Cal.App.4th 1130 (2010) (4/3) Government may properly use contingency-fee lawyers to litigate cases, except when bringing the case involves delicate balancing and weighing of interests and values (P ex rel Clancy 39 Cal3d 740 distinguished). No such issue when case is merely to litigate tax assessments, but there is when bringing certain discretionary actions, e.g., public nuisance or eminent domain action. San Diego personal injury attorney
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Medical device breach of warranty 361
April 11th, 2011 admin Breach of Warranty is another area of San Diego Persoanl Injury Law.
Weinstat v Dentsply International 180 Cal.App.4th 1213 (2010) (1/4) Class action decertified, reversed. Class of dentists brought B&PC § 17200 claim for breach of warranty of a medical device. [1] For Prop 64 standing, class representatives, but not all class members, must show injury in fact. [2] No requirement to showreliance as part of express warranty claim. [3] Trial court’s broad discretion to certify class does not encompass discretion to misstate or misapply the law. Where no new evidence or law, then no discretion to decertify (Here an intervening court of appeal decision which was granted supreme court review and reversed–Tobacco II–thus returning the law to previous condition). San Diego personal injury attorney
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Chrysler Dodge recall 360
April 8th, 2011 admin Product Liability is another area of San Diego Personal Injury Law.
Chrysler has announced a recall of 150,000 vehicles in three separate recalls to fix various problems. The recalls cover Dodge Ram trucks and Dodge Journey SUVs. The issues include steering problems and faulty rear axle components in the Ram trucks and faulty airbags in the SUVs. The company has not received any reports of injuries associated with the recalls. San Diego personal injury attorney Ken Thomas, Forbes 12/31/2010
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Fruit Planta recall 359
April 8th, 2011 admin Product Liability is another area of San Diego Personal Injury Law.
Florida company PRock Marketing LLC announced a recall of all lots of Fruta Planta and Reduce Weight Fruta Planta due to the presence of an unsafe drug. It was confirmed the product contained sibutramine, which has been taken off the market for safety reasons. The Food and Drug Administration has received reports of cardiac events and one death associated with the product. San Diego Personal injury attorney Staff Report, PR Newswire 12/31/2010
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First Class Foods product liability 358
April 8th, 2011 admin Product Liability is another area of San Diego Personal Injury Law.
First Class Foods, Inc. has issued a recall of their 16 oz. packages of Nature’s Harvest 85% Lean Organic Ground Beef. The company has announced the products may contain trace amounts of the E. coli bacteria. The affected products have a freeze date of 12/30/10 or 01/08/11. San Diego personal injury attorney Staff Report, Charlotte Observer 12/31/2010
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Chicken wings recall 357
April 8th, 2011 admin Product Liability is another area of San Diego Personal Injury Law.
An Alabama company has announced the recall of 180,000 pounds of breaded chicken wing products due to an unlisted allergen. Pilgrim’s Pride issued the recall last week, noting the products contained eggs not listed on the label. The Department of Agriculture has advised that the use of these products could result in “serious, adverse health consequences or death.” San Diego personal injury attorney Staff Report,Fort Wayne Journal-Gazette 12/31/2010
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Netflix lawsuit 356
April 8th, 2011 admin Premises Liability is another area of San Diego Personal Injury Attorney.
A federal judge has approved a class-action lawsuit against Netflix Inc. andWal-Mart Stores Inc. over an alleged monopoly agreement. Netflix customers claim in their suit the two companies “conspired in 2005 to divide the market for selling and renting DVDs in order to reduce competition.” As a result of the agreement, the plaintiffs claim to have paid “supracompetitive” prices. San Diego personal injury attorney Don Jeffrey, Bloomberg 12/31/2010
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Eleven million hotel lawsuit 355
April 8th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
A California jury has awarded an Oakland man more than $11.7 million in a lawsuit filed by a man who suffered injuries in 2007 while working at theExtended Stay hotel in San Rafael, Calif. The plaintiff had complained about the dark and litter-strewn area and hit his head multiple times on low-hanging crossbeams while working in the hotel, the lawsuit stated. He suffered herniated discs which caused near-paralysis corrected by surgery. San Diego personal injury attorney Jessica Bernstein-Wax, Contra Costa Times 12/29/2010
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