Excerpt: ...ase in which surviving children of Ms. Gomez sued Defendant for negligent asbestos removal in 1993-1996 which caused Ms. Gomez to contract and die from mesothelioma. The trial began on 3/5/18 and a verdict for Plaintiffs was returned on 3/28/18 awarding $7.5M in compensatory damages. Punitive damages was then tried and a verdict returned on 4/2/18 awarding an additional $18.75M in punitive damages. Defendant files the following post-trial motions...

Excerpt: ... violating her lease agreement by keeping plants and other obstructions in the common area after having been warned to remove them. On 6/8/18, this Court granted summary judgment in favor of TN on the grounds that LL collected rent (deposited 11/8/17) after expiration of their 3 day Notice to Perform Covenants or Quit (11/6/17). Plaintiff brings this motion for reconsideration of that Order. A. PRELIMINARY MATTERS 1. LL's Objections to Order Gran...

Excerpt: ...nt made a CCP § 998 settlement offer to Plaintiff for an amount of $0 and a waiver by the Defendant to seek costs against Plaintiff. Plaintiff declined the offer. On 2/6/18, this Court conducted a pre-trial hearing on the application of the “Heck Bar,” a legal doctrine in which a criminal charge could bar a civil rights action. After conducting the hearing and considering the stipulated facts, this Court found the Heck Bar applicable and dis...

Excerpt: ...s to evict Defendant (“Tenant” or “TN”) for allegedly violating her lease agreement by keeping plants and other obstructions in the common area after having been warned to remove them. Tenant has filed this motion for summary judgment and Landlord has filed its cross-motion for summary judgment or in the alternative for summary adjudication of Tenants' affirmative defenses. To the extent any issues overlap, the parties' arguments will be ...

Excerpt: ... matter wherein Plaintiff/Landlord attempted evict Defendant Linda Delp. Defendant was not on the lease, but her husband Paul Campbell was. Initially, Plaintiff brought this action against Defendant Campbell for violating his lease by having Defendant Delp stay as an unauthorized occupant. Defendant Campbell died, and Defendant Delp was subsequently added as a Defendant. Bench trial began on 2/14/18, but was dismissed by Plaintiff on 2/15/18 afte...

Excerpt: ...hich Defendant's vehicle hit Plaintiff's body and caused a broken ankle and other alleged injuries. Prior to trial starting on 1/9/18, Defendant made a CCP § 998 settlement offer on 8/8/17 to accept $150,001. Plaintiff refused the offer. A jury rendered a verdict for Plaintiff and awarded damages of $120,000. Plaintiff now seeks costs of $9,988.91 and Defendant seeks § 998 costs of $41,580.27. In addition, Plaintiff moves for a new trial on dam...

Excerpt: ...280031003700240037>IVE RULING This was a rear end collision car accident case in which liability was admitted but damages were disputed. In pretrial discovery Plaintiff's requested Defendant to admit several facts regarding damages and causation which Defendant denied. Both parties served several CCP § 998 offers to compromise, the last of which is at issue and in dispute is Plaintiff's offer to accept $15,000, dated 11/22/17 (see below). The ju...

Excerpt: ...ndrews on June 13, 2014. What began as a traffic stop for speeding resulted in a physical altercation in which Plaintiff was forcibly arrested and charged with resisting arrest under PC § 148. That charge was eventually dismissed and Plaintiff pled to an infraction for disturbing the peace under PC §415. Plaintiff was fined $100 suspended. Plaintiff then brought this suit for excessive force. Defendants filed a motion for summary judgment claim...