San Diego Lawyer

Friday, September 16, 2011

Counter top heights lawsuit 378

Premises Liability is another area of

Louie v BFS Retail & Commercial Operations 178 Cal.App.4th (2009) (3) Disabled customer L sued B over countertop Claim not barred by prior class-action decree on ADA cases–where decree expressly reserved any damage claim–is not res judicata to state-law damage action. San Diego personal injury attorney.

Bus driver fired for performance trouble 383

Premises Liability is another area of
Harris v City of Santa Monica 181 Cal.App.4th 1094 (2010) (2/8) At-will employee bus driver fired for some performance problems but also while she was Trial court refused BAJI 12.26 mixed-motive defense instruction, givinginstead CACI 2500 which omits any mixed-motive factor. Error. Mixed-motive defenses is still good law. [2] JNOV properly denied, where some evidence showed other drivers w/ questionable records not fired, plus some positive performance-review comments, would permit jury to find firing motivated by pregnancy.San Diego personal injury attorney.

Baker vs National Interstate ins. 363

Premises Liability is another area of
Baker v National Interstate Ins. Co. 180 Cal.App.4th 13319 (2010) (2/8) B's decedent C killed in bus once owned by FW sold bus to C and performed postsale inspections and repairs. B sued for negligent repair and inspection. N refused coverage under standard products hazard exclusion. Exclusion was unambiguous. FW's inspection constitutes the 'work' under the exclusion definition. Lengthy opinion. San Diego personal injury attorney

Friday, September 02, 2011

FEHA attorney fees case 364

Premises Liability is another area of San-Diego-Personal-Injury-attorney.comChavez v City of Los Angeles 47 Cal.4th 970 (2010) Kennard 7-0. FEHA attorney fees case filed as unlimited civil matter, but recovery was "less than half the $25K jurisdictional limit for a limited civil case." Plaintiff requested $871K attorney fees. CCP § 1033(a) gives court discretion to deny attorney fees. Trial court must give "due consideration to policies and objectives of the FEHA in general and its attorney fee provision in particular. But in view of "Plaintiff's minimal success and grossly inflated attorney fee request," trial court had discretion to deny attorneyfees totally. San Diego personal injury attorney