DOUBLE JEOPARDY: Whether to dismiss porn receipt or possession conviction in discretion of judge, not prosecutor… Molloy reversed. [Read more…]
Archives for 2009
Sentencing, crack cocaine, Guidelines amendment
SENTENCING: Crack cocaine defendant who received full benefit of departure from mandatory minimum ineligible for resentencing under Guidelines amendment… Lovell affirmed. [Read more…]
Insurance, property/pollution exclusions, estoppel
INSURANCE: Insurer not estopped from asserting property exclusion for denying coverage even though adjuster omitted it in denial, since insurer never assumed defense and had no duty to defend… property damage exclusion applies, not necessary to determine pollution exclusion… [Read more…]
Costs
Costs objections denied as to nurse exhibits, sustained as to attorney trial travel and trial transcripts where there will be no appeal… Shea. [Read more…]
Settlements
Plan II
Ronald Sanderson, low back, 10/00, total, $350,000, Norman Newhall
Roberta Hawkins, shoulder(s), 3/07, $51,000, Kenneth Thomas [Read more…]
Negligence/false arrest, robbery/rape victim
NEGLIGENCE/FALSE ARREST: Clerk’s claims that officers negligently responded to robbery, allowing robber to rape her, barred by public duty doctrine… exceptions, particularly custody/control, not applicable… victim’s brief detention in handcuffs on ground until identity confirmed justified… Swandal affirmed. [Read more…]
Attorney fees/costs, foreign judgment enforcement
ATTORNEY FEES/COSTS of $9,725 properly awarded in enforcement of $1,513.01 costs judgment in Malibu condo dispute based on rejected offer of 1¢ less than judgment… Christopher affirmed (IOR I-3(d)(v)). [Read more…]
Dam flood easements, class cert hearing guidelines
DAM FLOOD EASEMENTS not necessarily barrier to lakeshore owners’ damage claims… owners’ “contour line” theory properly rejected, “erosion,” “unreasonable damage” theories improperly rejected on summary judgment… co-defendant’s request for hearing on class [Read more…]
Probate, girlfriend’s life estate in house
PROBATE: Ex-wife/PR failed to timely appeal order granting girlfriend $129,679 as financial interest in lieu of life estate in house… claim that girlfriend was improperly appointed successor PR over family members named in will rejected… Larson affirmed (IOR I-3(d)(v)). [Read more…]
Fraudulent transfer, un-filed homestead “asset”
FRAUDULENT TRANSFER: Homestead not “asset” under UFTA, not necessary to file declaration to be exempt from UFTA… residence properly established, qualified as homestead… Irigoin affirmed. [Read more…]
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