VERDICT: Defense, medical-malpractice, sudden cardiac death. [Read more…]
Archives for February 2024
Settlements
Plan I
Jean Parnell, left knee, 11/20, Safeway, Dillon, Safeway accepted claim, paid all benefits due & owing, disputes as to ongoing wage loss and future medical, $16,000 for all claims, stipulated judgment; Jean Parnell, pro se, Adriana Potts for Safeway [Read more…]
Private AG fees, challenge of clearly unconstitutional Bill
PRIVATE AG FEES improperly denied in challenge of questionable enactment SB 319 (2021) (prohibiting university voter registration and requiring judge recusal involving donors)… Menahan reversed. [Read more…]
Settlement agreement, statute of frauds as to texts
SETTLEMENT AGREEMENT: Statute of Frauds correctly applied less technically to text messages to prevent commission of a fraud in house defects/buy-back dispute… texts also properly found to constitute enforceable settlement agreement… Eddy affirmed. [Read more…]
Court costs waiver, excessive financial information
COURT COSTS WAIVER: Supervisory control granted reversing Recht’s denial of waiver for not providing financial information exceeding DOJ’s requirements… order. [Read more…]
Malicious prosecution, bondsman pepper spray client
MALICIOUS PROSECUTION claims by bail bondsman charged with assault of client for her failure to abide by conditions properly dismissed as bondsmen not authorized to arrest or pepper spray clients without outstanding warrant… claims also barred by prosecutorial immunity… Ruiz affirmed. [Read more…]
Bench judgment, $113,869 fire suppression pond defects
BENCH JUDGMENT: $113,869.95 judgment improperly awarded to County for fire suppression pond defects when County failed to timely inspect and give opportunity to remedy… Dayton reversed (memorandum). [Read more…]
Attorney discipline, suspension for assault conviction
ATTORNEY DISCIPLINE: Katherine Proctor suspended pending formal proceedings following conviction of felony assault on a minor… order. [Read more…]
Right to be present at jury query
RIGHT TO BE PRESENT not violated by Judge answering jury query about witness statements that were not in evidence… Oldenburg affirmed (memorandum). [Read more…]
School athletics, denial of waiver from 8-semester rule
SCHOOL ATHLETICS: Preliminary injunction denied as to MHSA’s denial of waiver from 8-semester rule for 5th-year senior to play basketball after absence sophomore year due to Covid… Murnion. [Read more…]