California Case Summaries: November 19, 2018 to November 30, 2018

California Case Summaries™:
In the video above I discuss my three new California civil cases published during the last two weeks. These summaries are also shown below. You should also know there were 19 additional published cases during this period! I’ll bring you three new free civil case summaries in two weeks.

My online publication California Case Summaries™ is the fast affordable way for California lawyers and judges to keep up with new case law. I offer biweekly, quarterly and annual subscription options that provide short, organized summaries of every new civil and family law case published by California courts. The quarterly and annual issues also include the official case citations. Each subscription option includes both single-attorney and multi-user law firm/superior court options. For more information about these products or to subscribe, click here.  

Mediation, Arbitration and Referee Services:
Please contact me at ADR Services when you need an experienced and capable mediator, arbitrator or referee who knows the law. To schedule a matter with me, please contact my case manager at ADR Services, Christopher Schuster, phone (619) 233-1323, email christopher@adrservices.com.

Do well and be well™.

Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator and Referee at ADR Services, Inc.
Publisher of California Case Summaries™


CALIFORNIA COURTS OF APPEAL

Attorney Fees

John Russo Industrial Sheetmetal, Inc. v. City of L.A. Dept. of Airports (2018) _ Cal.App.5th _ , 2018 WL 6168139: The Court of Appeal affirmed the jury verdict of $1 for defendant/cross-complainant for breach of contract, the cost award for defendant/cross-complainant, and the attorney fee award for plaintiff/cross-defendant because it prevailed on the California False Claims Act (CFCA; Government Code section 12650 et seq.) claim brought against it. The Court of Appeal ruled that a court may award a defendant fees under section 12652(g)(9)(B) when the defendant prevails on CFCA claims found to be frivolous, even if the plaintiff prevailed in the action as a whole under Code of Civil Procedure section 1032(a)(4). (C.A. 1st, November 26, 2018.)
Insurance
Meleski v. Estate of Hotlen (2018) _ Cal.App.5th _ , 2018 WL 6241504: The Court of Appeal reversed the trial court’s order denying plaintiff’s motion for costs. The lawsuit arose from an auto accident. The defendant driver died before the action was brought. Plaintiff brought the action under Probate Code sections 550 – 555 against the insurance carrier (Allstate) who had issued a $100,000 policy. Plaintiff made a Code of Civil Procedure section 998 offer to settle for $99,999 that was rejected by the carrier. The jury verdict was $180,613.86 for plaintiff. While Probate Code section 554 limited the recoverable damages to the $100,000 policy limits, costs are not damages, and section 554 does not limit the recovery of costs. Because Allstate had rejected the 998 offer, the order denying costs from Allstate was reversed and the judgment was modified to include an award of costs in the amount of $66,017.08 in addition to $100,000 in damages. (C.A. 3rd, November 29, 2018.)
Torts
Arista v. County of Riverside (2018) _ Cal.App.5th _ , 2018 WL 6065089: The Court of Appeal reversed in part and affirmed in part the trial court’s order sustaining defendant’s demurrer, without leave to amend, to plaintiffs’ complaint alleging wrongful death and other causes of action. On March 1, 2014, at approximately 6:30 a.m., decedent left his residence in Corona to ride his mountain bike up Santiago Peak in the Cleveland National Forest. The bike ride would be approximately 55 miles, and decedent was scheduled to arrive back home at 2:00 p.m. When decedent did not return, his wife (one of the plaintiffs) called decedent and learned he had fallen off his bike and appeared to be disoriented. Plaintiff wife called defendant to request a search for her husband. Defendant declined to search that night. After learning of this, the wife asked friends to search for her husband. Very early the next morning, a friend of plaintiffs found decedent who had died from hypothermia. The Court of Appeal ruled that plaintiff’s complaint alleged sufficient facts to state causes of action for wrongful death, negligence, and negligent infliction of emotional distress. However, it affirmed the demurrer as to the cause of action alleging deprivation of constitutional rights. (C.A. 4th, November 20, 2018.)

Copyright © 2018 Monty A. McIntyre, Esq.
All Rights Reserved

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