City of Stockton’s road 442
April 4th, 2012 
admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Cobb v City of Stockton 192 Cal.App.4th 65 (2011) (3) City filed eminent domain action of C’s property, with order of possession, and built a road across it. San-Diego-Auto-Accident-lawyer.com But case never brought to trial and dismissed on five-year statute. CCP § 583.310. C brought inverse condemnation action, dismissed under statute of limitations. [1] Klopping 8 C3d 39 damages irrelevant in that no pre condemnation conduct involved. Instead this is a case for actual invasion. [2] Trigger date for statute of limitations is not the date of possession–which was done lawfully at the time–but the date it became unlawful. Here the date the temporary right of possession expired, the date the eminent domain case dismissed. San Diego personal injury attorney
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Illegal immigrant murders descenders 441
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Bologna v City and County of San Francisco 192 Cal.App.4th 429 (2011) (1/3) B’s decedents murdered by illegal immigrant R. B sued city alleging that city’s policy of providing sanctuary to “illegal aliens who had committed drug offenses and violent crimes” in violation of state and federal laws. San-Diego-Auto-Accident-lawyer.com The city knew R was a violent member of the murderous MS-13 gang. [1] In the absence of a special relationship, the city has no duty to protect an individual from criminal acts. [2] H&S C § 11369 (mandatory referral to feds of drug arrestees) has as its primary purpose combating illegal drug trade (Leg history examined). The benefit it confers on individuals is incidental to its main purpose. Therefore, 11369 is not “‘designed’ to protect against a particular kind of injury.” a necessary prerequisite to public entity liability. Mandatory duty, Gov. C. § 815.6. [3] 8 USC § 1373 (invalidating any state, local, etc. restriction on voluntary exchange of immigration information) is also not designed or intended to prevent the type of harm that plaintiffs suffered. For same reason,§ 815.6 liability fails. San Diego personal injury attorney
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Construction liability 440
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Arzate v Bridge Terminal Transport, Inc. 192 Cal.App.4th 419 (2011) (2/8) Wage-and-hour action, but B claimed truck owner-operators, A and others, were independent contractors. San-Diego-Auto-Accident-lawyer.com B’s MSJ granted, reversed. Although some factors shown to be consistent with independent contractor (lacked control over manner and means or work), others suggested employment (W-2s, not 1099s, collective bargaining agreement referred to truckers as “employees,” terminable at will without cause–a particularly strong indicator of employment) Therefore, triable issue of fact. San Diego personal injury attorney
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Banking liability 439
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Aceves v U.S. Bank N.A. 192 Cal.App.4th 218 (2011) (2/1) A alleged she was behind on purchase-money home loan and filed Ch. 7 bankruptcy, but proposed to convert to Ch. 13 to save the house. San-Diego-Auto-Accident-lawyer.com In A’s negotiations with bank, it promised “to work with her” on a loan reinstatement if she wold forgo bankruptcy. she did so, but bank was simultaneously instituting foreclosure. Trial court sustained demurrer to promissory estoppel complaint. Reversed. Although gratuitous oral promise to postpone a sale would be invalid CC § 1698 (written contract modifiable only by writing or executed oral contract), promissory estoppel provides alternative. Elements adequately alleged: clear, unambiguous promise, reasonable and foreseeable reliance, detriment. San Diego personal injury attorney
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Drug labeling 438
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Gaeta v Perrigo Pharmaceuticals Co. __ F.3d __ 09-15001 (9th Cir. 2011) Supreme Court determined state law failure-to-warn claim is preempted when considering vaccines. San-Diego-Auto-Accident-lawyer.com Wyeth v Levine, 129 S. Ct. 1187. But a different finding concerning generic drug labeling. Federal law does not preempt state law failure-to-warn claims against generic manufacturers unless “clear evidence” shows the FDA would not have approved the proposed stronger warning. San Diego personal injury attorney
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Jury misconduct 437
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
People v Vigil 191 Cal.App.4th1474 (2011) (3) Juror, a college professor, went home, used a broomstick to see whether one could maneuver a rifle inside a car as one party claimed, and then reported experiment’s results to other jurors. San-Diego-Auto-Accident-lawyer.com [1] Court considers jury misconduct claims using a three-step method: Is it (a) admissible, (b) misconduct, (c) prejudicial. [2] Any investigation outside the courtroom “is absolutely forbidden.” [3] Juror’s experiment outside the courtroom is misconduct. Court implies experiment inside the jury room might be acceptable. San Diego personal injury attorney
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Vaccine injury 436
April 4th, 2012 admin Medical malpractice is another area of San-Diego-Personal-Injury-attorney.com
Bruesewitz v Wyeth, LLC _ US , 131 S.Ct. 1068, 179 L.Ed.2d 1 (2011) B’s child claimed vaccine injury, sued in state court, removed to federal court, MSJ granted for W. San-Diego-Auto-Accident-lawyer.com Affirmed. The National Childhood Vaccine Injury Act (42 U.S.C. § 300aa-22(b)(1)) precludes civil injury liability associated with vaccine’s administration. San Diego personal injury attorney
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Murder and burglary 435
April 4th, 2012 admin Wrongful death is another area of San-Diego-Personal-Injury-attorney.com
People v Moore 51 Cal.4th 386 (2011) Werdegar 5-2 M convicted of burglary and 11-year-old’s murder. [1] M interviewed in patrol car as least person to see victim and consented to come to sheriff’s station for further interview. San-Diego-Auto-Accident-lawyer.com Neither were custodial interrogations requiring Miranda warnings. [2] Expert criminalist asked opinions about bloodstain evidence from person, without laying foundation of whether blood came directly from person or from an object with blood on it. Error, but harmless under circumstances. San Diego personal injury attorney
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Murder of senior citizens 434
April 4th, 2012 admin Wrongful death is another area of San-Diego-Personal-Injury-attorney.com
People v Jones 51 Cal.4th 346 (2011) Chin 5-2 Wheeler/Batson jury challenges. J convicted of home-invasion multiple murder of senior citizens. DA used 3 of his 22 peremptories on African-Americans but accepted 2 African-Americans on his jury. 1st juror’s responses to Def’s questions, long pauses to ones seeking affirmation of defense theory, waffling on family member accused of crime). San-Diego-Auto-Accident-lawyer.com 2d juror’s familiarity with error where times and distances where important contested facts, receptiveness to Def’s “scapegoat” questions. 3d receptiveness to Def’s “falsely accused” questions, blank answers on questionnaire, membership in controversial church, plus much better jurors in line for this seat. Def declined response to DA’s presentation, and court only asked one question. [1] DA’s detailed, specific, race-neutral explanations satisfied Wheeler/Batson. San Diego personal injury attorney
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“Made in USA” imports 433
April 4th, 2012 admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Kwikset Corp. v Superior Court 51 Cal.4th 310 (2011) Werdegar 5-2 B&PC § 17200 & Prop. 64. B alleged he bought products labeled “Made in the USA,” and would not have bought them had he known the products were imports. San-Diego-Auto-Accident-lawyer.com [1] Person who can truthfully allege he was deceived into spending money on the product satisfies Prop. 64’s requirement to have “lost money or property.” [2] B&PC § 17203 restitution right is not a condition to § 17204’s actual-injury claim, disapproving Sivaco, Citizens of Humanity, Buckland. San Diego personal injury attorney
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