Thiara lawsuit 394
May 9th, 2011 
admin Premises Liability is another area of San Diego Personal Injury Law.
Thiara v Pacific Coast Khalsa Diwan Society 182 Cal.App.4th 51 (2010) (5) Judgment Apr 25 for T. T sent letter to PC attaching judgment, May 1. T later served and filed proof of service but without either notice of entry or conformed copyof judgment. Appeal filed July 13 where no triggering service (notice of entry or conformed copy); residual 180-day limit applies and appeal is timely. San Diego personal injury attorney.
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Negligence on worksite 393
May 9th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Interstate Fire & Casualty Ins. Co. v Cleveland Wrecking Co. 182 Cal.App.4th 23 (2010) (1/5) W, general contractor, hired C as demolition subcontractor w/ express indemnity agreement. C’s negligence on work site injured F who sued both C&W. Both settled with F and got good faith settlement orders. W sued C in subrogation claim. Good faith settlement does not bar express indemnity claims. Review of eight elements of a subrogation claim. San Diego personal injury attorney.
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Age and origin discrimination 392
May 9th, 2011 admin Discrimination is another area of San Diego Personal Injury Law.
Suh v Super Court 181 Cal.App.4th 1504 (2010) (2/5) S (et al., M.D.s) sued hospital C and medical group H for age and origin discrimination. C&H’scontracts had arbitration clauses. S nonsignatories to contracts. Although six possible theories could bind nonsignatories, the only relevant one, third-party beneficiary, fails for lack of any benefits flowing to S. Other contract is procedurally unconscionable (signed under pressure without access to documents incorporated by reference, the very ones relevant here). Substantively unconscionable for elimination of damages except for intentional acts, fraud, and reckless disregard, and then only on clear and convincing evidence; i.e., discrimination claims would be barred by arbitration clause. San Diego personal injury attorney
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Forecast Homes lawsuit 391
May 6th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law
Forecast Homes Inc. v Steadfast Ins. Co. 181 Cal.App.4th 1466 (2010) (4/3) Developer F required subcontractors to hold harmless and name F an additionally insured. But subs’ policies had SIRs that had to be paid before coverage triggered. But only F was sued, not subs, so subs never paid any SIRs. Additionally named insureds are not within policies’ definition of “named insured,” and only named insureds may satisfy SIR. Court rejects also theories of implied covenant of good faith & fair dealing and of illusory contract. San Diego personal injury attorney
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Oklahoma resident exposed to asbestos 390
May 6th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law
McCann v Foster Wheeler 48 Cal.4th 68 (2010) George 7-0 Oklahoma resident M exposed to asbestos in 1960s; moved later to Calif, and diagnosed in 2005. CCP § 361 borrowing statute of limitations does not compel using Oklahoma time limits. CCP § 337.15 statute of repose (runs frorm event without regard to tolling or delayed accrual) only applies to real property actions, but uncertain whether Oklahoma’s repose statute applies, and remanded for determination. Choice of law rules require governmental interests analysis, and Oklahoma’s interests are superior and should control. Fact FM is a New YorkCorporation doing business in Oklahoma has no bearing on governmental interest. San Diego personal injury attorney
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Liquor store prevent wheelchair access 389
May 6th, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Jankey v Lee 181 Cal.App.4th 1173 (2010) (1/4) ADA & California Disabled Persons Act CC § 55 claim that liquor store’s architectural barriers prevented wheelchair access. MSJ for Def + attorney fees properly granted. § 55 has two-way attorney fee provision, is not inconsistent w/ ADA. The ADA provides (even without finding case frivolous and unreasonable) only a floor for protecting disabled persons, not a ceiling; § 55 exceeds ADA, providing more protection that ADA. § 55 is not preempted. San Diego personal injury attorney
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Failure to pay sanctions 388
May 2nd, 2011 admin Premises Liability is anther area of San Diego Personal Injury Law.
Koehler v Superior Court 181 Cal.App.4th 1108 (2010) (1 /2) Lawyer K held in contempt for failing to pay discovery sanctions and for failing to return confidential records. Sentenced to five days in jail for each. On third contempt proceeding K filed habeas corpus proceeding. Treated as writ of prohibition since K not in custody. Writ issued. On indirect contempt–that occurring outside of judge’s presence–order failed on four grounds: (1) No initiating affidavit: sua sponte order is insufficient. (2) Mail service inadequate; must bepersonal. (3) Court’s order must show order, K’s knowledge of it, K’s ability to comply, and K’s willful disobedience. (4) Pen C § 654 applies–no multiple punishments for same, although continuing, contempt. Court relies on Rothman Judicial Conduct Handbook, CJER Courtroom Control, CJER Civ Pro Before Trial. San Diego personal injury attorney.
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Driver insurance lawsuit 387
May 2nd, 2011 admin Premises Liability is another area of San Diego Personal Injury Law
Bell v Bayersiche Motoren Werken AG 181 Cal.App.4th 1108 (2010) (2/3) Court instructed jury twice to disregard insurance, and one isolated question (Did witness check w/drivers whether they had insurance?) during several-week trial immediately followed by another “disregardinsurance” instruction, but nevertheless granted new trial based on the question. [1] Trial court could not reasonably believe one isolated mention of insurance was prejudicial, and granting new trial is error. [2] Juror’s affidavits showing jurors misunderstood, and one misstated, jury instructions, are inadmissible evidence of thought processes. [3] Consumer expectations test is thatof ordinary consumer. Testimony by Def’s engineers (rollover risk is not apparent) does not compel finding of failure to meet test. [4] CACI 1204 properly modified to include automobile aesthetics as a factor in balancing design risks. San Diego personal injury attorney.
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Real estate environmental contamination 386
May 2nd, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Sharabianlou v Karp 181 Cal.App.4th 1133 (2010) (1/5) Commercial real estate transaction fell through when buyers discovered environmental contamination. Trial court ordered CC § 1692 recision, denied buyers’ tort claims and awarded sellers attorney fees and damages (based on lower price of later sale and the lost income from using the proceeds to buy less profitable property than they would have bought if sale had gone through). Reversed: recision is to restore parties to their original position, and awarding benefit-of-the-bargain damages did more than that. [2] Both parties on appeal lost issues (setoff and reliance costs) for failing to cite the record. CRC 8.204. San Diego personal injury attorney.
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Graffiti Protective Coatings lawsuit 385
May 2nd, 2011 admin Premises Liability is another area of San Diego Personal Injury Law.
Graffiti Protective Coatings, Inc. v City of Pico Rivera 181 Cal.App.4th 1207 (2010) (2/1) SLAPP motion reversed. G, former contractor with city, lost new contract when awarded w/o competitive bidding, and G filed mandate writ and declaratory relief action. SLAPP motion argued city’s action was in furtherance of its right of free speech or its right to petition. Reversed, although city’s communications were evidence, the case was based on state law requiring competitive bidding for contracts. Even though nothing in 425.16 categorically excludes any particular action from its scope, a governmental action to enforce laws as well as a private action to enforce competitivebidding is outside the scope of SLAPP. San Diego personal injury attorney.
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