Business Published Decisions

Advantage Medical Services, LLC v. Hoffman (2008) 160 Cal. App. 806; 72 Cal. Rptr. 3d 935. Arbitration award was vacated because the arbitrator failed to disclose his business relationship with one of the party’s insurers, which “could cause a person aware of the facts to reasonably entertain a doubt that the arbitrator would be able to be impartial.

APSB Bancorp v. Thornton Grant (1994) 26 Cal. App.4th 926, 31 Cal. Rptr. 2d 736. Judgment is affirmed. Issue: The appellant was not an agent of the respondent and is not entitled to mandatory indemnification.

Bertero v. National General Corporation (1974) 13 Cal. 3d 43, 529 P. 2d 608, 118 Cal. Rptr. 184, 65 A.L.R. 3d 878. Judgment is modified by striking from the award of compensatory damages the sum of $25,000 and as so modified is affirmed. Issue: A corporation may be liable for punitive damages only for malicious acts done by its agents and with the knowledge or under the direction of its corporate officials. View Full Text

Ford v. Hites (1975) 47 Cal. App. 3d 828, 121 Cal. Rptr. 131. Judgment of dismissal affirmed. Issue: Retailer of automobile cannot shift liability for selling defective automobile to driver using vehicle in manner exposing defective design.

Held v. Arant (1977) 67 Cal. App. 3d 748, 134 Cal Rptr. 422. Judgment is affirmed. Issue: A lawyer sued for professional negligence may not state a cause of action for indemnity against another lawyer subsequently retained by suing client in the same matter on the theory that the second lawyer’s negligence enhanced rather than reduced the initial loss.

Information Control Corporation v. United Airlines Corporation (1977) 73 Cal. App.3d 630, 140 Cal. Rptr. 877. Judgment for plaintiff affirmed. Issue: Willful breach of shipment contract by carrier entitles shipper to reimbursement of the value of the shipment exceeding limits of liability expressed in contract.

Jackson v. Garmon (1990) 217 Cal. App. 3d 860, 266 Cal. Rptr. 201. Judgment reversed. Issue: Once a court grants a plaintiff’s motion for election to arbitrate and places the action on the arbitration list, if it was either placed there or remained there for more than four years and six months after the action was originally filed, Code of Civil Procedure section 1141.17 subd. (b) will apply to toll the five-year diligent prosecution statute.

Marsh & McLennan, Inc. v. Superior Court (1989) 49 Cal. 3d 1, 774 P.2d 762259 Cal. Rptr. 733. Judgment: Petition for writ of mandate granted. Issue: Workers Compensation Appeals Board is exclusive forum for resolving dispute over alleged unreasonable delay or refusal to pay compensation benefits. View Full Text

Marshall v. Department of Water and Power of the City of Los Angeles (1990) 219 Cal. App. 3d 1124, 268 Cal. Rptr. 559. Judgment is affirmed, except for two plaintiffs are remanded for consideration of attorneys’ fees. Issue: The trial court abused its discretion by applying a uniform standard to all plaintiffs’ requests for attorney fees as to their cause of action for inverse condemnation and disregarding the actual dollar impact on the individual plaintiffs.

Meredith v. United Airlines (1966) 41 F. R. D. 34, 10 Fed. R. Serv. 2d 306. Judgment: Lockheed’s Motion to Dismiss is denied. Issue: The amended complaint related back to the date of the filing of the original complaint under the Federal Rule of Civil Procedure dealing with the relationback of amended and supplemental pleadings, as the rule was amended in 1966, or as it existed prior to the 1966 amendment, so that the manufacturer could not have the amended complaint dismissed under California one-year limitation statute.

Ortiz v. South Bend Lathe (1975) 46 Cal. App. 3d 842, 120 Cal. Rptr. 556. Judgment is reversed. Issue: The machinery corporation had, for adequate and valid consideration, acquired the assets of another corporation under the circumstances that did not warrant, as an exception to the general rule against it, the involuntary imposition on it of the preexisting liability of the manufacturing corporation. View Full Text

Perez v. Southern Pacific Transportation Company (1990) 218 Cal. App. 3d 462, 327 Cal. Rptr. 100. Judgment is affirmed. Issue: In an injured child’s personal injury action against a railroad for injuries suffered when the child fell when trying to board a moving train, California Civil Code section 1714.7, which grants immunity against suits brought by trespassers, applies. Plaintiff was a trespasser.

Rubinstein v. Barnes (1987) 195 Cal. App. 3d 276, 240 Cal. Rptr. 535. Judgment is affirmed. Issue: In legal malpractice action, application of statute of limitations in CCP section 340.6 was proper in that plaintiff had four years after enactment of section 340.6 to bring suit and that period of time was reasonable.

Schultz v. Superior Court for Los Angeles County (1980) 104 Cal. App. 3d 250, 163 Cal Rptr. 504. Judgment: Writ of mandate issued. Issue: Upon the showing of a settlement by one asserting that settlement bars all claims for contribution or comparative indemnity, the burden of proof shifts to the nonsettling tortfeasor to show the settlement was not made in good faith.

Schwartz v. McGraw-Edison Company (1971) 14 Cal. App.3d 767, 92 Cal. Rptr. 776, 66 A.L.R. 3d 808. Judgment is affirmed. Issue: Plaintiff not entitled to recover damages after the alleged successor of a corporation had not expressly assumed liability.

Scotsman Mfg Company v. Superior Court In and For Orange County (1966) 242 Cal. App. 2d 527, 51 Cal. Rptr. 511. Judgment: A writ of prohibition issued. Issue: Writ granted to restrain the Superior Court of Orange County from enforcing a discovery order requiring petitioner to produce an expert’s report on the grounds the report was protected work product.

Sheehy v. Southern Pacific Transportation Co. (9th Cir. 1980) 631 F. 2d 649, 7 Fed. R. Evid. Serv. 99. Judgment was reversed and remanded. Issue: Evidence of an employee receiving disability pension payments is inadmissable to show the extent or duration of an injury or to show motive for not returning to work.

Seay v. International Association of Machinists (1973) 360 F. Supp. 123. Judgment: Motion to compel answers denied. Issue: No statement or admission found in written interrogatories in unrelated case can be admitted as evidence or used in any other proceeding when stipulation in other action indicates to be used in that action only.

Southern Cal. Edison Co., v. Harbor Insurance Co. (1978) 83 Cal. App. 3d 747, 148 Cal. Rptr. 106. Judgment for insurer affirmed. Issue: Policy exclusion for cost of making good faulty workmanship, construction or design applied to differential settlement of foundation at steam generation plant.

Speer, Inc. v. Superior Court for Los Angeles County (1969) 272 Cal. App. 2d 32, 77 Cal.Rptr. 152. Judgment: Peremptory writ of mandate issued. Issue: The trial court abused its discretion in denying a motion to dismiss made by petitioner pursuant to the discretionary provisions of Code of Civil Procedure section 583 for dismissal for failure to bring action to trial within two years.

Stone v. The Regents of the University of California (1999) 77 Cal. App. 4th 736, 92 Cal. Rptr. 2d 94. Judgment is reversed. Issue: Where alleged conduct occurs outside the scope of employment, a company is entitled to deny an employer’s request for defense against a suit arising out of employment.

Thoren v. Johnston & Washer (1972) 29 Cal. App. 3d 270, 105 Cal. Rptr. 276. Judgment is affirmed. Issue: The testimony of a witness can be excluded from trial when his name had been willfully omitted from the answer to the interrogatory.

Torres v. Union Pacific Railroad Co. (1984) 157 Cal App. 3d 499, 203 Cal. Rptr. 825. Judgment of dismissal of cross-complaints affirmed. Issue: Whether a settlement sum is grossly disproportionate to a settling tortfeasors’ liability is determined based on facts known at time of settlement.

United Pacific Insurance Co. v. Southern Cal. Edison Co. (1985) 163 Cal. App. 3d 700, 209 Cal. Rptr. 819. Judgment affirmed. Issue: Strict product liability doctrine is inapplicable to high voltage electric transmission facilities owned and operated by privately owned public utilities. View Full Text

Young v. Aro Corporation (1973) 36 Cal. App. 3d 240, 111 Cal. Rptr. 535 Judgment is reversed. Issue: Plaintiff is entitled to instruction on the doctrine of strict liability as to repairer of grinder that caused injury.

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