OUR RESULTS
Jury Trial (Premises Liability)
Facts: Plaintiff claims she was assaulted and battered by a neighbor at the mobile home park where she lived. She sued the owners of the park, claiming that they had notice of the assailant's dangerous propensities before the incident and should have evicted the neighbor. Defendant contended that the reports of prior threats by the neighbor were not corroborated or credible, and would not have been sufficient to evict the neighbor before the incident.
Injuries: Multiple injuries, including torn rotator cuff and back injuries and two surgeries.
Demand: $450,000
Result: Defense verdict (10-2)
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Jury Trial (Premises Liability)
Facts: Plaintiff purchased a water heater from defendant's store. He claimed that a store employee helped him load the water heater onto his pick-up truck and pushed too hard, causing the plaintiff to fall to the ground. The employee claimed that he only brought the water heater out to the truck but did not help load it onto the bed of the truck.
Injuries: Soft tissue injuries, concussion and closed head trauma; $14,000 in hospital expense
Demand: $100,000 demand
Result: Defense verdict (10-2)
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Jury Trial (Premises Liability)
Facts: Plaintiff sued property manager and contractor as a result of an explosion and fire in her apartment. The fire started when the contractor was changing plaintiff's oven and neglected to turn off the proper gas valve. Plaintiff contended that our client, the property manager, was negligent for failing to label the gas valves for each apartment.
Injuries: Back injury and post-traumatic stress disorder; property damage
Demand (vs. our client): $25,000
Result: Judgment on nonsuit
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Jury Trial (Motor Vehicle)
Facts: Defendant truck driver was backing out of an alley and struck plaintiff who had stopped his motorcycle behind the truck. The defense argued that the plaintiff was negligent for stopping his motorcycle in the truck's blind spot.
Injuries: Torn rotator cuff, soft tissue injuries to back.
Demand: $40,000
Result: Defense verdict (12-0)
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Petition for Writ of Mandate (Premises Liability)
Facts: Plaintiff, a construction worker, fell into an unbarricaded elevator shaft during remodeling operations at an office building. He sued the general contractor and our client, the owner of the property. Our client moved for summary judgment on the ground that plaintiff's action was barred because our client did not affirmatively exercise retained control over the construction. The trial court denied the motion.
Injuries: Calcaneal fracture, soft tissue injuries to ribs, back and shoulders. Meds in excess of $30,000. $72,000 wage loss claim
Result: Alternative writ issued by court of appeal directing the trial court to show cause why a peremptory writ should not be issued compelling the court to grant the motion, or alternatively, to vacate its order denying summary judgment and to enter new order granting summary judgment. The trial court followed the alternative route and granted summary judgment.
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Appeal by Plaintiff from a Judgment of Dismissal Following a Demurrer (Employment)
Facts: Plaintiff, a prayer group leader in our client's church, sued for intentional infliction of emotional distress, claiming he was wrongfully removed from his position, and for slander. The trial court sustained the demurrer as to those causes of action without leave to amend, on the ground that the court lacked jurisdiction to adjudicate the removal issue by virtue of the Free Exercise of Religion and Establishment Clauses of the First Amendment to the U.S. Constitution. The trial court further concluded that the slanderous remark was non-actionable, since it involved opinion protected by the Free Speech clause of the First Amendment.
Injuries: Emotional distress, humiliation and loss of reputation.
Result: Judgment on demurrer for our client affirmed.
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Appeal by a Motorist from a Summary Judgment in Favor of Our Client (Motor Vehicle and Premises Liability)
Facts: Plaintiff was an employee of a valet service who contracted with our client, a West Hollywood restaurant. As plaintiff was crossing Santa Monica Blvd. mid-block to retrieve a car, he was struck by defendant motorist. Defendant motorist cross-complained against the restaurant for negligence. The restaurant successfully moved for summary judgment on the ground that it did not have control over the details of the plaintiff's work and did not affirmatively exercise retained control over the plaintiff or his work.
Injuries: Plaintiff suffered a severe brain injury--Several $100,000’s in past medical expenses
Result: Summary judgment for our client affirmed.
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Petition for Writ of Mandate (Premises Liability)
Facts: Plaintiff, a homeowner in a condominium complex, fell into an enclosure where dumpsters were kept, when she lost her footing as she was attempting to throw trash into one of the dumpsters. She alleged that the defendant disposal company (our client) was negligent for not positioning the dumpster flush with the enclosure wall, which prevented her from simply dropping her trash into the dumpster. The trial court overruled defendant's demurrer.
Injuries: Plaintiff suffered a fractured left wrist. Over $15,000 in meds
Result: Peremptory writ of mandate issued, directing the trial court to vacate its order overruling the demurring and to enter a new order sustaining the demurrer without leave to amend.
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Demurrer (Premises Liability)
Facts: Plaintiff was a tenant in defendant's mobile home park and had a lease with an option to purchase the mobile home in which he resided. After he had lived in the park for several years, he purchased the mobile home from our client. A year or two later, the mobile home burned down. Plaintiff contended that our client concealed from him the fact that the wiring in the mobile home was defective at the time of sale. Our client demurred to the complaint on the ground that the plaintiff did not sufficiently allege a cause of action for fraudulent concealment.
Injuries: Loss of mobile home, burn injuries. Meds: approximately $27,000.
Result: Demurrer sustained without leave to amend.
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Motion for Summary Judgment (Premises Liability)
Facts: Plaintiff, a construction worker, fell through an unguarded roof opening during the construction of a commercial building. Plaintiff sued our client, the general contractor, for negligence. Our client moved for summary judgment on the ground that it did not have control over the details of the plaintiff's work and did not affirmatively exercise retained control over the plaintiff or his work.
Injuries: Several fractures as a result of a fall of over 15 feet. Over $100,000 in damages
Result: Summary judgment granted.
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Jury Trial (Motor Vehicle)
Facts: Plaintiff was rear ended by client who was an illegal alien, an unlicensed driver and spoke only Spanish. Admitted liability.
Injuries: Soft tissue injuries plus a fractured jaw.
Demand: $200,000.00
Result: Jury awarded $1,650.00.
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Jury Trial (Motor Vehicle)
Facts: Client was exiting a driveway and struck plaintiff’s car. Admitted liability.
Injuries: Soft Tissue
Demand: $15,000.00.
Result: Defense verdict. Jury did not believe plaintiff was injured.
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Jury Trial (Motor Vehicle)
Facts: Client rear-ended plaintiff and her disabled daughter on the freeway. Child not a party to the suit.
Injuries: Soft tissue.
Demand: $15,000.00
Result: Jury awarded $3,500.00, which was less than our $6,200.00 C.C.P. 998 offer. Ultimate result was a judgment in favor of the client for about $2,500.00.
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Jury Trial (Motor Vehicle)
Facts: Red light dispute. Plaintiff, a good looking, well groomed young man claimed client, Hispanic male who looked like a gang-banger, ran a red light.
Injuries: Soft tissue, plus large lost earnings claim.
Demand: $15,000.00
Result: Jury found for the defense.
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