Gang-crime lawsuit 452
April 5th, 2012 
admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
People v Vang 52 Cal.4th 1038 (2011) Chin 6-1 mostly. DA’s hypothetical questions to expert “closely tracked the evidence in a manner that was only thinly disguised.” San-Diego-Auto-Accident-lawyer.com Court of appeal found this error. Reversed (i.e. trial court affirmed). [1] “It is required, not prohibited, that hypothetical question be based on the evidence. The questioner is not required to disguise [that].” [2] Questions (whether under these facts the killing was a gang-motivated one, et al.) are appropriate and need not be disguised, thickly or thinly. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Transcript copy in tort case 451
April 5th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Serrano v Stefan Merli Plastering Co., Inc. 52 Cal.4th 1018 (2011) Corrigan 6-1 Ps objected to paying articular fee for expedited depo transcript copy in tort case. San-Diego-Auto-Accident-lawyer.com Prior appeal, 162 CA4th 1014 found court had authority to control reporter’s fee. On remand, trial court denied CCP § 1021.5 attorney fees, reversed. [1] Deposition reporters are court officers, regulated by statute, performing important public services. Plaintiffs’ appeal involved important right affecting public interest. Reporting firm here defended not only its private interest, but also its institutional interests in controlling its fees. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Defective third-gear manual transmission 450
April 5th, 2012 admin Breach of warranty is another area of San-Diego-Personal-Injury-attorney.com
American Honda Motor Co. v Superior Court 199 Cal.App.4th 1367 (2/8) (2011) Class action for breach of warranty (defective third-gear manual transmission). San-Diego-Auto-Accident-lawyer.com Class certified, writ issued. [1] Irreparable harm where plaintiff “would be relieved from proving essential element of [warranty claim of] 19K class members.” [2] Where certification based on erroneous legal assumptions, class certification defective. Warranty actions require proof “the product is substantially certain to malfunction during its useful life.” Trial court erroneously dispensed with this requirement. [3] Adding to the 715 class members who had third-gear problems to 18,755 members without problems, some still covered by warranty and some not, variances with causes of the problems, etc., show common fact questions do not predominate. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Contract misrepresentation 449
April 5th, 2012 admin Contract breach is another area of San-Diego-Personal-Injury-attorney.com
Marler v E.M. Johansing, LLC 199 Cal.App.4th 1450 (2/6) (2011) Class action against mobilehome park owners for contract breach and misrepresentation in inducing rent-controlled residents to convert park to a condominium. San-Diego-Auto-Accident-lawyer.com Class certification denied, reversed. [1] Class ascertainable, all park residents, and any defect in class description correctable by amendment. [2] Community of interest for contract classes as no need to prove individual damages, but rather a five distinct categories. [3] Sufficient to show fraudulent representations made to entire class or to third party with intent entire class rely upon it. Reliance shown by landslide vote for condominium conversion. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Sole medical malpractice 448
April 5th, 2012 admin Medical malpractice is another area of San-Diego-Personal-Injury-attorney.com
Dozier v Shapiro 199 Cal.App.4th 1509 (2/1) (2011) Dr Zeegan called as sole medical malpractice standard of care expert. Motion to exclude his testimony granted and case dismissed, affirmed. San-Diego-Auto-Accident-lawyer.com After Zeegan’s depo, Dozier’s expert designation listed Zeegan and others as non-retained, treating percipient witness, including on “standard of care, causation [etc.]” Then Dozier provided Zeegan additional information to form opinion on Defendant’s malpractice. Dozier did not inform Defendant of changed status. [1] By failing to disclose substance of Zeegan’s opinion, and that opinion based on post-depo information, Dozier filed to comply with CCP § 2034.260. [2] Zeegan is qualified to testify about injuries and medical history based on expertise as a physician and physician-patient relationship. But retained expert relies at least in part on additional information and offers opinion for purposes of litigation, not for treatment. [3] Failure to disclose changed status, even with several opportunities to do so, was unreasonable. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Hostile work environment 447
April 5th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Brennan v Townsend & O’Leary Enterprises, Inc. 199 Cal.App.4th 1336 (4/3) (2011) Hostile work environment Gov C § 12940, verdict for plaintiff. JNOV for defendant granted, affirmed. San-Diego-Auto-Accident-lawyer.com [1] On detailed review, insufficient evidence showing “severe or pervasive sexual harassment.” [2] Severe harassment lacking where no physical contact and no language, abuse, or conduct directed at Brennan. [3] No pervasive harassment where Brennan observed only three gender-based incidents over several years. Incidents to which Brennan not a witness normally not evidence of harassment. This shows merely sporadic and isolated, not repeated, routine, or generalized conduct. Dissent. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Employee competing against employee 446
April 5th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Nicholas Laboratories, LLC v Chen 199 Cal.App.4th 1240 (4/3) (2011) Nicholas Labs sued employee Chen for competing against his own employer. San-Diego-Auto-Accident-lawyer.com Chen successfully defended and moved for LabC § 2802 attorney fees expended in defense; denied, affirmed. [1] § 2802 applies to actions against employees brought by third parities, not to first-party actions. [2] Although CorpC § 317 may require indemnification in a first-party action brought by a corporation, Nicholas Labs is an LLC. CorpC § 17003, 17155 provide LLC may provide indemnification. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Ford lawsuit 445
April 5th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Adams v Ford Motor Co. 199 Cal.App.4th 1475 (2/1) (2011) Ford made CCP § 998 offer, $10K and cost waiver in wrongful death (asbestos automotive-friction) case. San-Diego-Auto-Accident-lawyer.com Jury verdict for Ford. Adams’s motion to tax costs based on unreasonable settlement offer and unnecessary expert fee ($186K), denied, affirmed. [1] Adams’s other settlements ranged from $2K-70K and liability of this class of case is hard to prove, so $10K was in the bal park, especially with the cost waiver offer. [2] Verified cost memorandum is prima facie evidence of propriety. Adams failed to rebut factually either reasonableness § or necessity. [3] Expert costs not limited to those incurred after § 998 offer. 998(c) authorized trial court to award all expert fees, whether before or after offer made. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Automatic enforcement 444
April 5th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
P v Gray 199 Cal.App.4thSupp 10 (LA Superior) Automatic enforcement (e.g., red light cameras) must comply with Vehicle C § 21455.5 (warning notices must be given 30 days before installation). San-Diego-Auto-Accident-lawyer.com [1] But provision is neither a constitutional requirement nor an element of the violation. Therefore, noncompliance merely goes to the weight of the evidence and does not affect its admissibility. [2] No statutory remedy for a city’s noncompliance with notice provisions. [3] Contrary decision, P v Park 187 Cal.App.4th Supp 9 (2010) (Orange Superior) criticized and not followed. San Diego personal injury attorney
Posted in Uncategorized | Comments Off
Dangerous-patient 443
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
People v Gonzales 192 Cal.App.4th 152 (2011) (6) Psychotherapist-patient privilege’s dangerous-patient exception Ev C § 1024 is to be narrowly construed and applied “‘only when the patient’s case falls squarely within its ambit.’ San-Diego-Auto-Accident-lawyer.com” “Proof” consisting of offer of proof that a parole officer’s records would show dangerousness falls far short. [2] Erroneous release of psychiatric records violates federal constitutional right of privacy. Review granted. San Diego personal injury attorney
Posted in Uncategorized | Comments Off