SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO NORTH COUNTY REGIONAL CENTER

Size: px
Start display at page:

Download "SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO NORTH COUNTY REGIONAL CENTER"

Transcription

1 Joshua Taylor (SB LAW OFFICES OF TAYLOR AND ASSOCIATES Island Avenue, Ste#1 San Diego, CA 01 ( -0 Telephone Attorney for Defendant David Deffen SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO NORTH COUNTY REGIONAL CENTER JOHN and JANICE PLANT, individuals. v. Plaintiff, DAVID DEFFEN, an individual; and DOES 1 0, inclusive, Defendants. Case No.: CL-CL-EC DEMURRER TO COMPLAINT MEMORANDUM OF POINTS AND AUTHORITIES COMES NOW Defendant DAVID DEFFEN, an individual, and submits this Memorandum of Points and Authorities in support of his demurrer to Complainant JOHN and JANICE PLANT S complaint. I INTRODUCTION/STATEMENT OF FACTS This matter arises from a transaction involving the termination of a residential lease, wherein Defendant quit the premises leased to him under a written residential lease by Plaintiffs after Plant v. Deffen Page 1 Case No: CL-CL-EC

2 discovering that the premises were less than habitable. At that time, Defendant sued Plaintiff s to recover costs associated with finding suitable substitute housing. Plaintiff has now filed this action after the ultimate culmination of the prior action, alleging that Defendant is liable to Plaintiff for malicious prosecution, negligence, and fraud. II AUTHORITY The party against whom a complaint is filed may file a demurrer to the pleading when the pleading does not state facts sufficient to constitute a cause of action. Code of Civil Procedure 0.(e. In addition, a defendant against whom a complaint has been filed may demur to a pleading that is uncertain, ambiguous or unintelligible. Code of Civil Procedure 0.(f. A demurrer tests the pleadings alone, leaving out any consideration of extrinsic matters or evidence. Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc., Cal.App th, (. The demurrer lies where the defect appears on the face of the pleading or when judicially noticed. Code of Civil Procedure 0.0, 0.0. The only issue to be resuled on demurrer is whether the complaint, as it stands and unconnected to an extraneous matters, states a valid cause of action. SKF Farms v. Superior Court, Cal.App d 0, 0 (. Additionally, the defense of statute of limitations maybe asserted by general demurrer if the complaints shows, plainly on its face, that the statute bars the action. Bennett v. Hibernia Bank, Cal.d 0, 0 (. In order to raise the statute of limitations defense on demurrer, the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows merely that the action may be barred. McMahon v. Republic Van & Storage Co., Inc., Cal.d 1, (. Finally, a Court must presume that the Plaintiff has made their case as favorably as permitted by the facts plead. Vavoni v. Western Airlines, CAd (. If a fact necessary to the complainants cause of action is not set forth and alleged in the complaint, it must be taken as having no existence. Melikian v. Truck Ins. Exchange, CAd 1, 1 (. Plant v. Deffen Page Case No: CL-CL-EC

3 III PLAINTIFFS FIRST CAUSE OF ACTION FOR MALICIOUS PROSECUTION FAILS TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION AND IS UNCERTAIN AND AMBIGUOUS Plaintiff has filed a complaint against Defendant David Deffen alleging that Defendant has maliciously prosecuted a civil action naming the Plaintiffs as parties. In order to establish a cause of action for malicious prosecution of a civil proceeding, a Plaintiff must establish that (1 the prior action was commenced by or at the direction of the defendant, ( was pursued to a legal termination in the Plaintiff s favor, ( was brought without probable cause, and ( was initiated with malice. Crowley v. Katleman, Cal. th, (. The tort of malicious prosecution requires a showing of an unsuccessful prosecution of a civil action, which any reasonable attorney would regard as totally and completely without merit, for the intentional and wrongful purpose of injuring another person. Downey Venture v. LMI Ins. Co., Cal.App. th, (. A. Complainant Fails to Plead Facts Necessary to Show the Prior Action was Without Probable Cause A requirement for any pleading is that it plead facts sufficient to show that the necessary elements of the underlying action have been met. Here, Plaintiffs have pled that the defendant commenced an action against them after quitting a residential lease over concerns about habitiability. (Complaint. They further plead that, after a jury trial that culminated August,, a verdict was rendered in favor of the Plants. (Complaint. If a trial court determines that the prior action was objectively reasonable, plaintiffs fail to meet the threshold requirement of demonstrating a lack of probable cause. Bixler v. Goulding, Cal.App. th 1, 1 (. The prior trial court allowed the matter to proceed to trial, allowing Mr. Deffen to pursue damages for his relocation expenses relating to the underlying breach of the lease agreement for failure to provide a habitable premises. Deffen s prior action survived the pleading stage, potentially survived summary judgment, and was finally placed in the hands of a jury to resolve. It should be patently obvious that Deffen, and the prior trial court, saw some probable cause for the action to lie. B. Complainant Fails to Plead Facts Necessary to Show Malice Plant v. Deffen Page Case No: CL-CL-EC

4 Plaintiff has failed to plead any facts necessary to show that Deffen commenced the prior action with malice. Malice means actual ill will, or some improper purpose, whether express or implied, ranging anywhere from open hostility to indifference. Grindle v. Lorbeer, Cal.App. d 1, (. The Plants have boldly concluded that the prior lawsuit was wrongful and malicious solely because they won. This, fortunately, is not the legal standard. IV PLAINTIFFS SECOND ALLEGED CAUSE OF ACTION FOR NEGLIGENCE FAILS TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, IS UNCERTAIN AND AMBIGUOUS, AND IS BARRED BY THE STATUTE OF LIMITATIONS Plaintiffs next allege a cause of action against Defendant for negligence. A negligence action requires that there be a (1 legal duty to use due care, ( a breach of that duty, ( a reasonably close causal relationship between the breach and any resulting injury, and ( actual loss or damage to the plaintiff. Ahern v. Dillenback, 1 Cal.App.th (1. A. Plaintiffs Fail to Allege Any Facts Showing Defendant Breached a Duty Plaintiffs allege that Defendant had a duty to act as a reasonable tenant during his tenancy. Compl.. They further allege that he breached the duty simply by suing the Plaintiffs. Compl.. The Plaintiff supports this assertion with hyperbole and bare legal conclusions of malicious actions on the part of Defendant, but plead no facts. A legal duty of care requires the use of ordinary care to prevent injury to others and is determined on a case-by-case basis. Weirum v. RKO Gen., Inc., Cal.d 0 (. That duty is breached when a person could have reasonably foreseen that an act or omission could result in harm to another from the time of that act or omission. Alva v. Cook, Cal.App. d (. Yet, in no instance is a party required to simply grin-and-bear a harm to themselves because taking legal action might harm a tortfeasor, in the economic sense. Plaintiff s ask that we accept the bare legal conclusion that Defendant breached a duty simply because he chose to exercise his legal rights, and make use of the legal mechanisms available to him, to force the Plaintiffs to correct their own breach. Plant v. Deffen Page Case No: CL-CL-EC

5 B. Plaintiffs Fail to Allege Any Facts Showing Damages Plaintiffs allege that they have incurred damages in the form of fees required to mount a legal defense. A mere breach of a duty, causing only nominal or speculated harm, or the threat of potential future harm, does not suffice to create a cause of action in negligence. Budd v. Nixen, Cal. d, 0 (1. In addition, the general rule in American jurisprudence is that in the absence of a special controlling statute, each party bears their own costs and attorneys fees. Davis v. KGO-TV, Cal th, (. Plaintiffs have not plead any facts to indicate that they were damaged beyond the fees and costs associated with defending Deffen s prior litigation, and have not plead facts necessary to show that such fees are statutorily permissible. C. Plaintiffs Claim for Negligence is Time-Barred On the Face of the Pleadings California Code of Civil Procedure.1 provides that the statute of limitations for personal injury tort claims is two years. Negligence is such a claim. Causes of action accrue and the statute of limitations begins to run upon any appreciable harm. If, in the alternative to the theory asserted herein IV-B, the costs and fees accrued by Plaintiff are enough to satisfy the damages element of a negligence claim, then they would have been harmed on or shortly after the commencement of the underlying suit in May, 0. Plaintiff did not file a cross-complaint to the prior suit to preserve their rights, but rather waited until the filing of this claim, which was lodged with the clerk of the court June 1,. The period of May 0 to June is substantially greater than the two years provided by statute. V PLAINTIFFS THIRD ALLEGED CAUSE OF ACTION FOR FRAUD FAILS TO STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION, IS UNCERTAIN AND AMBIGUOUS, AND IS BARRED BY THE STATUTE OF LIMITATIONS The tort of fraud occurs when a party willfully deceives another with the intent to induce him to alter his position to his injury or risk. Civil Code 0. In order to adequately plead a cause of action for fraud, the Plaintiffs must show that Defendant made a (1 misrepresentation of ( material fact, with the ( knowledge of its falsity, ( intent to induce reliance, such reliance being ( justifiable reliance that ( causes damages to the victim. Plant v. Deffen Page Case No: CL-CL-EC

6 A. Plaintiffs Fail to Appropriately Plead Any Single Element of a Fraud Claim Plaintiffs allege that the breach of the rental agreement is oppressive and malicious, that the fraud was perpetuated by a malicious prosecution, and other matters of opinion and conjecture that appear to have struck the Plaintiffs fancy as they were drafting this complaint. Compl. 1-. However, nowhere in the specious and conclusory language of the complaint have the elements of fraud begun to coalesce. There is no discernible representation by the Defendant, without which no other elements may lie. There is no pleading to speak to reliance, intent, or the knowledge of falsity. B. Even If Plaintiffs Had Adequately Plead Fraud, The Claim is Time Barred In California, the statute of limitations for deceit is three years. Code of Civil Procedure (d. Plaintiff must plead and prove facts showing a lack of knowledge regarding the fraud, lack of means of obtaining knowledge, or why facts could not be obtained by reasonable diligence at an earlier date, or how and when Plaintiff discovered the fraud in order for the cause of action to accrue. Lee v. Escrow Consultants, Inc., 0 Cal.App. d, (. Plaintiff also has a duty to exercise diligence so as to discover the facts that would give rise to delayed discovery. Ibid. Here, Plaintiffs have done none of the above. The transaction at issue occurred over the course of a month in April-May, 0. A lawsuit resulted, in which Plaintiff prevailed. Any representations to Plaintiff, by Defendant, which could have resulted in the tort of deceit would have necessarily been made six years prior, more than double the statute of limitations. Even assuming an exceptionally methodical and slow plaintiff, one would expect that due diligence would be completed in less than - months, particularly if the matter were as oppressive, cruel and unjust to the Plaintiffs. VI CONCLUSION The complaint filed by the Plaintiff Plant s is severely deficient in several key facets, lacking even the most scant facts to adequately meet the most basic elements. The sum total of the facts missing from the pleading are such that Defendant Deffen cannot adequately ascertain the allegations against him, whether defenses that Defendant has outlined are responsive to Plaintiffs allegation, what damages Plaintiffs seek, or whether Plaintiffs can in good-faith be seeking $1,000,000 in punitive damages based on a breach of residential lease action. Complainants must either more extensively, and Plant v. Deffen Page Case No: CL-CL-EC

7 clearly, plead the causes of action alleged in the complaint, or this demurrer must be sustained without leave to amend. Respectfully submitted, TAYLOR AND ASSOCIATES July, Joshua Taylor Attorney for Defendant David Deffen Plant v. Deffen Page Case No: CL-CL-EC

SUPERIOR COURT OF CALIFORNIA COUNTY OF MARIN. ) MEMORANDUM OF POINTS AND ) AUTHORITIES IN SUPPORT OF vs. ) ) ) ) ) ) ) ) ) ) )

SUPERIOR COURT OF CALIFORNIA COUNTY OF MARIN. ) MEMORANDUM OF POINTS AND ) AUTHORITIES IN SUPPORT OF vs. ) ) ) ) ) ) ) ) ) ) ) http://www.jdsupra.com/post/documentviewer.aspx?fid=3ffd-6b3-d2e-a0b0-f32fad66c0b 1 ROBERT M. CHILVERS, Calif. Bar No. 62 AVIVA CUYLER, Calif. Bar No. 2 CHILVERS & TAYLOR PC 3 Vista Marin Drive 3 San Rafael,

More information

Plaintiffs respectfully submit the following Reply Memorandum of Points and

Plaintiffs respectfully submit the following Reply Memorandum of Points and http://www.jdsupra.com/post/documentviewer.aspx?fid=4abdcd-ef-4b0e-7e-5feee50f 2 I.. INTRODUCTION Plaintiffs respectfully submit the following Reply Memorandum of Points and 3 4 5 7 Authorities in further

More information

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT JOHN S. CARROLL 649-0 810 Richards Street, Suite 810 Honolulu, Hawaii 96813 Telephone No. (808 526-9111 Attorney for Plaintiffs IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII ERNEST Y. INADA

More information

Trixie Argon, individually and

Trixie Argon, individually and 1 2 3 4 5 6 7 8 9 Cadmium Q. Eaglefeather (SBN 502981) EAGLEFEATHER LAW OFFICES 5678 Hollywood Blvd., Ste. D451 Los Angeles, CA 90027 (323) 555-1435 (866) 555-1147 fax cadmium @ cqelaw.com Attorney for

More information

FILED: NEW YORK COUNTY CLERK 06/02/ /15/ :56 02:55 AM PM INDEX NO /2015 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 06/02/2015

FILED: NEW YORK COUNTY CLERK 06/02/ /15/ :56 02:55 AM PM INDEX NO /2015 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 06/02/2015 FILED: NEW YORK COUNTY CLERK 06/02/2015 09/15/2016 10:56 02:55 AM PM INDEX NO. 651899/2015 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 06/02/2015 09/15/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW

More information

YUROK TRIBE UNLAWFUL DETAINER ORDINANCE

YUROK TRIBE UNLAWFUL DETAINER ORDINANCE Yurok Tribal Code, Land Management and Property YUROK TRIBE UNLAWFUL DETAINER ORDINANCE Pursuant to its authority under Article IV, Section 5 of the Yurok Constitution, as certified on November 24, 1993,

More information

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 1 2 3 4 5 6 7 RICHARD N. SIEVING, ESQ. (SB #133634) LUKE G. PEARS-DICKSON, ESQ. (SB #296581) THE SIEVING LAW FIRM, A.P.C. 100 Howe Avenue, Suite 220N Sacramento, California 95825 Telephone: Facsimile:

More information

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

SUPERIOR COURT FOR THE STATE OF CALIFORNIA CLAREMONT, CALIFORNIA - TELEPHONE (0) - WILLIAM M. SHERNOFF # EVANGELINE FISHER GROSSMAN #0 JOEL A. COHEN # SHERNOFF BIDART & DARRAS, LLP 00 South Indian Hill Boulevard Claremont, CA Telephone: (0) - Facsimile:

More information

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 1 2 3 4 5 6 7 RICHARD N. SIEVING, ESQ. (SB #133634) LUKE G. PEARS-DICKSON, ESQ. (SB #296581) THE SIEVING LAW FIRM, A.P.c. 100 Howe Avenue, Suite 220N Sacramento, California 95825 Telephone: Facsimile:

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION Case 3:10-cv-00252 Document 1 Filed in TXSD on 06/29/10 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION HUNG MICHAEL NGUYEN NO. an individual; On

More information

Strict Liability and Product Liability PRODUCT LIABILITY WARRANTY LAW

Strict Liability and Product Liability PRODUCT LIABILITY WARRANTY LAW Strict Liability and Product Liability PRODUCT LIABILITY The legal liability of manufacturers, sellers, and lessors of goods to consumers, users and bystanders for physical harm or injuries or property

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ORDER AND REASONS

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ORDER AND REASONS Kareem v. Markel Southwest Underwriters, Inc., et. al. Doc. 45 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA AMY KAREEM d/b/a JACKSON FASHION, LLC VERSUS MARKEL SOUTHWEST UNDERWRITERS, INC.

More information

Reality of Consent. Reality of Consent. Reality of Consent. Chapter 13

Reality of Consent. Reality of Consent. Reality of Consent. Chapter 13 Reality of Consent Chapter 13 Reality of Consent It is crucial to the economy and commerce that the law be counted on to enforce contracts. However, in some cases there are compelling reasons to permit

More information

FILED: NEW YORK COUNTY CLERK 10/28/ :04 PM INDEX NO /2016 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/28/2016

FILED: NEW YORK COUNTY CLERK 10/28/ :04 PM INDEX NO /2016 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/28/2016 FILED: NEW YORK COUNTY CLERK 10/28/2016 05:04 PM INDEX NO. 190293/2016 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/28/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X VINCENT ASCIONE, v. ALCOA,

More information

Title: The Short Life of a Tort: A Brief History of the Independent Cause of Action for Spoliation of Evidence in California Issue: Oct Year: 2005

Title: The Short Life of a Tort: A Brief History of the Independent Cause of Action for Spoliation of Evidence in California Issue: Oct Year: 2005 Title: The Short Life of a Tort: A Brief History of the Independent Cause of Action for Spoliation of Evidence in California Issue: Oct Year: 2005 The Short Life of a Tort: A Brief History of the Independent

More information

Vs. C : PARISH OF JEFFERSON DAVIS JACOB COLBY PERRY : STATE OF LOUISIANA FILED: : DEPUTY CLERK OF COURT

Vs. C : PARISH OF JEFFERSON DAVIS JACOB COLBY PERRY : STATE OF LOUISIANA FILED: : DEPUTY CLERK OF COURT CAROLYN LOUVIERE : 31 st JUDICIAL DISTRICT COURT Vs. C-056817 : PARISH OF JEFFERSON DAVIS JACOB COLBY PERRY : STATE OF LOUISIANA FILED: : DEPUTY CLERK OF COURT OPPOSITION TO THE MOTION TO STRIKE OF JACOB

More information

by their first names for purposes of clarity. No disrespect is intended.

by their first names for purposes of clarity. No disrespect is intended. 1 1 1 1 1 1 1 0 1 Please note: This sample document is redacted from an actual research and writing project we did for a customer some time ago. It reflects the law as of the date we completed it. Because

More information

Volume 27 Number

Volume 27 Number Volume 27 Number 2 2014 THE JOURNAL OF THE LITIGATION SECTION, STATE BAR OF CALIFORNIA Riverisland: Inordinate Burdens or Leveling the Playing Field By David J. Myers David J. Myers There has always been

More information

FIRST AMENDED COMPLAINT

FIRST AMENDED COMPLAINT ELECTRONICALLY FILED 12/2/2014 5:31 PM 01-CV-2014-904803.00 CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA ANNE-MARIE ADAMS, CLERK IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA BIRMINGHAM DIVISION Genesis

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO B241246

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO B241246 Filed 3/28/13 Murphy v. City of Sierra Madre CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions

More information

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA HOWARD MEISTER, an individual; ) LAURIE MEISTER, an individual; ) CAMPBELL MEISTER, by and through her mother ) and next friend, LAURIE MEISTER, ) BARTLEY

More information

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE CENTER. EDGARDO RODRIGUEZ, an individual,

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE CENTER. EDGARDO RODRIGUEZ, an individual, VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CENTRAL

More information

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA Filed 2/28/12; pub. order 3/16/12 (see end of opn.) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA SHAWNEE SCHARER, D057707 Plaintiff and Appellant, v. SAN LUIS REY EQUINE

More information

Demurrer & Motion to Strike (Judge Deborah C. Servino)

Demurrer & Motion to Strike (Judge Deborah C. Servino) Demurrer & Motion to Strike (Judge Deborah C. Servino) DEMURRER The court sustains Defendant State Farm General Insurance Company s ( State Farm ) Demurrer to Plaintiffs Robert Berry and Kristy Velasco-Berry

More information

Attorney for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO SOUTH COUNTY REGIONAL CENTER

Attorney for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO SOUTH COUNTY REGIONAL CENTER VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO SOUTH

More information

Tort Reform (2) The pleading specifically asserts that the medical care has and all medical records

Tort Reform (2) The pleading specifically asserts that the medical care has and all medical records Tort Reform 2011 Medical Malpractice Changes (SB 33; S.L. 2011 400) o Enhanced Special Pleading Requirement (Rule 9(j)) Rule 9(j) of the Rules of Civil Procedure now requires medical malpractice complaints

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR Filed 10/7/15 Doll v. Ghaffari CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) Federal Deposit Insurance Corporation v. JSA Appraisal Service et al Doc. 0 0 FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for INDYMAC BANK, F.S.B., v. UNITED STATES DISTRICT COURT NORTHERN DISTRICT

More information

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B204853

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B204853 Filed 1/23/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE PRO VALUE PROPERTIES, INC., Cross-Complainant and Respondent, v. B204853

More information

Case 3:15-cv JLS-JMA Document 1 Filed 06/26/15 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JURISDICTION AND VENUE

Case 3:15-cv JLS-JMA Document 1 Filed 06/26/15 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JURISDICTION AND VENUE Case :-cv-0-jls-jma Document Filed 0// Page of Andrew C. Schwartz (State Bar No. ) A Professional Corporation North California Blvd., Walnut Creek, California Telephone: () - Facsimile: () - schwartz@cmslaw.com

More information

FILED: NEW YORK COUNTY CLERK 06/07/ :33 PM INDEX NO /2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/07/2016

FILED: NEW YORK COUNTY CLERK 06/07/ :33 PM INDEX NO /2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/07/2016 FILED NEW YORK COUNTY CLERK 06/07/2016 0433 PM INDEX NO. 190115/2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF 06/07/2016 LYNCH DASKAL EMERY LLP 137 West 25th Street, 5th Floor New York, NY 10001 (212) 302-2400

More information

FILED: NEW YORK COUNTY CLERK 06/12/2013 INDEX NO /2012 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 06/12/2013

FILED: NEW YORK COUNTY CLERK 06/12/2013 INDEX NO /2012 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 06/12/2013 FILED: NEW YORK COUNTY CLERK 06/12/2013 INDEX NO. 653787/2012 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 06/12/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HOME EQUITY MORTGAGE TRUST SERIES

More information

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO RGS AMERICAN GUARANTEE & LIABILITY INSURANCE COMPANY

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO RGS AMERICAN GUARANTEE & LIABILITY INSURANCE COMPANY Case 1:13-cv-13168-RGS Document 58 Filed 04/04/16 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 13-13168-RGS AMERICAN GUARANTEE & LIABILITY INSURANCE COMPANY v. JOHN

More information

FILED: NEW YORK COUNTY CLERK 03/15/ :24 AM INDEX NO /2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016

FILED: NEW YORK COUNTY CLERK 03/15/ :24 AM INDEX NO /2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016 FILED: NEW YORK COUNTY CLERK 03/15/2016 11:24 AM INDEX NO. 190043/2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X JOHN D. FIEDERLEIN AND

More information

FILED: NEW YORK COUNTY CLERK 03/10/ :54 PM INDEX NO /2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/10/2016

FILED: NEW YORK COUNTY CLERK 03/10/ :54 PM INDEX NO /2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/10/2016 FILED: NEW YORK COUNTY CLERK 03/10/2016 02:54 PM INDEX NO. 190047/2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/10/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X NORMAN DOIRON AND ELAINE

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO A146745

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO A146745 Filed 9/29/17 Rosemary Court Properties v. Walker CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions

More information

EBERHARD SCHONEBURG, ) SECURITIES LAWS

EBERHARD SCHONEBURG, ) SECURITIES LAWS UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) AND ON BEHALF OF ALL OTHERS ) CASE No.: SIMILARLY SITUATED, ) 7 ) 8 Plaintiff, ) CLASS ACTION vs. ) COMPLAINT 9 ) FOR VIOLATIONS

More information

DENISE CANTU, IN THE DISTRICT COURT. VS. JUDICIAL DISTRICT JP MORGAN CHASE & CO., LIONOR DE LA FUENTE and CARLOS I. URESTI

DENISE CANTU, IN THE DISTRICT COURT. VS. JUDICIAL DISTRICT JP MORGAN CHASE & CO., LIONOR DE LA FUENTE and CARLOS I. URESTI CAUSE NO. C-0166-17-H DENISE CANTU, IN THE DISTRICT COURT Plaintiff VS. JUDICIAL DISTRICT JP MORGAN CHASE & CO., LIONOR DE LA FUENTE and CARLOS I. URESTI Defendants. HIDALGO COUNTY, TEXAS PLAINTIFF S ORIGINAL

More information

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT Filed 9/21/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT EMMA ESPARZA, Plaintiff and Appellant, v. KAWEAH DELTA DISTRICT HOSPITAL, F071761 (Super.

More information

WILLIAM M. SALES OPINION BY v. Record No JUSTICE S. BERNARD GOODWYN February 25, 2010 KECOUGHTAN HOUSING COMPANY, LTD., ET AL.

WILLIAM M. SALES OPINION BY v. Record No JUSTICE S. BERNARD GOODWYN February 25, 2010 KECOUGHTAN HOUSING COMPANY, LTD., ET AL. PRESENT: All the Justices WILLIAM M. SALES OPINION BY v. Record No. 090143 JUSTICE S. BERNARD GOODWYN February 25, 2010 KECOUGHTAN HOUSING COMPANY, LTD., ET AL. FROM THE CIRCUIT COURT OF THE CITY OF HAMPTON

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION. No. 3:15-cv EMC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION. No. 3:15-cv EMC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE ENERGY RECOVERY, INC., SECURITIES LITIGATION No. 3:15-cv-00265-EMC NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF

More information

fastcase The trial court entered judgment against Jackson. PROCEDURAL BACKGROUND

fastcase The trial court entered judgment against Jackson. PROCEDURAL BACKGROUND Jackson v. Rod Read and Sons. C058024 Page 1 SAUNDRA JACKSON, Plaintiff and Appellant, v. ROD READ AND SONS, Defendant and Respondent. C058024 Court of Appeals of California, Third Appellate District,

More information

K2 Promotions, LLC v New York Marine & Gen. Ins. Co NY Slip Op 31036(U) June 15, 2015 Supreme Court, New York County Docket Number: /14

K2 Promotions, LLC v New York Marine & Gen. Ins. Co NY Slip Op 31036(U) June 15, 2015 Supreme Court, New York County Docket Number: /14 K2 Promotions, LLC v New York Marine & Gen. Ins. Co. 2015 NY Slip Op 31036(U) June 15, 2015 Supreme Court, New York County Docket Number: 652737/14 Judge: Jennifer G. Schecter Cases posted with a "30000"

More information

IN THE SUPREME COURT OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE SUPREME COURT OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 33954 DAVE TODD, v. Plaintiff-Respondent, SULLIVAN CONSTRUCTION LLC, Defendant-Appellant. SULLIVAN CONSTRUCTION LLC, f/k/a SULLIVAN TODD CONSTRUCTION,

More information

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT INDEPENDENCE 1716-CV12857 Case Type Code: TI Sharon K. Martin, individually and on ) behalf of all others similarly situated in ) Missouri, ) Plaintiffs,

More information

SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION

SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION CRAIG C. DANIEL () DAVID T. WEI (0) AXCEL LAW PARTNERS LLP Telephone 1-0-00 Facsimile 1-0-0 Email cdaniel@ax-law.com Attorneys for PLAINTIFF CORPORATE CONCEPTS SUPERIOR COURT FOR THE STATE OF CALIFORNIA

More information

Case: 4:15-cv RWS Doc. #: 30 Filed: 05/04/15 Page: 1 of 2 PageID #: 183

Case: 4:15-cv RWS Doc. #: 30 Filed: 05/04/15 Page: 1 of 2 PageID #: 183 Case: 4:15-cv-00464-RWS Doc. #: 30 Filed: 05/04/15 Page: 1 of 2 PageID #: 183 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION GRYPHON INVESTMENTS III, LLC, Plaintiff, Case No.

More information

Back to previous page: [LETTERHEAD] [DATE] MEET AND CONFER LETTER

Back to previous page:  [LETTERHEAD] [DATE] MEET AND CONFER LETTER Back to previous page: http://legalrequest.net/2013/05/31/draft-correspondence/ [LETTERHEAD] Sondra A. 123 Street City, CA 12345 [DATE] Re: A. v. G. Case No. 30-2011-0012345 MEET AND CONFER LETTER Dear

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT Filed 11/18/14 Escalera v. Tung CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

IN THE COURT OF APPEALS OF ARKANSAS ON APPEAL FROM THE CIRCUIT COURT OF WASHINGTON COUNTY THE HONORABLE MARK LINDSAY, CIRCUIT JUDGE APPELLEES BRIEF

IN THE COURT OF APPEALS OF ARKANSAS ON APPEAL FROM THE CIRCUIT COURT OF WASHINGTON COUNTY THE HONORABLE MARK LINDSAY, CIRCUIT JUDGE APPELLEES BRIEF IN THE COURT OF APPEALS OF ARKANSAS JEFF BARRINGER and TAMMY BARRINGER APPELLANTS v. CASE NO. CA 04-353 EUGENE HALL and CONNIE HALL APPELLEES ON APPEAL FROM THE CIRCUIT COURT OF WASHINGTON COUNTY THE HONORABLE

More information

FILED: NEW YORK COUNTY CLERK 12/28/2011 INDEX NO /2011 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/28/2011

FILED: NEW YORK COUNTY CLERK 12/28/2011 INDEX NO /2011 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/28/2011 FILED: NEW YORK COUNTY CLERK 12/28/2011 INDEX NO. 652831/2011 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/28/2011 Supreme Court of the State of New York County of New York -------------------------------------------------

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case :-cv-00-wqh-ags Document Filed 0// PageID. Page of 0 0 Helen I. Zeldes (SBN 00) helen@coastlaw.com Andrew J. Kubik (SBN 0) andy@coastlaw.com COAST LAW GROUP, LLP 0 S. Coast Hwy 0 Encinitas, CA 0 Tel:

More information

Joint Venture: Be Careful, You May Have Created One

Joint Venture: Be Careful, You May Have Created One Loyola Marymount University and Loyola Law School Digital Commons at Loyola Marymount University and Loyola Law School Loyola of Los Angeles Entertainment Law Review Law Reviews 1-1-1986 Joint Venture:

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. CASE No.: COMPLAINT

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. CASE No.: COMPLAINT Ira M. Press KIRBY McINERNEY LLP 825 Third Avenue, 16th Floor New York, NY 10022 Telephone: (212) 371-6600 Facsimile: (212) 751-2540 Email: ipress@kmllp.com Counsel for Plaintiff UNITED STATES DISTRICT

More information

Table of limitation periods

Table of limitation periods Table of limitation periods Limitation periods impose time limits within which a party may bring a claim or give notice of a claim to the other party. It is important that clients are appraised of all

More information

e; SktS5 OFFiec 2011MAY 10 FILED CiffiliAL 4DIVISVt CLEgit-StiPERICR SAW DIEGO COUNTY. CA

e; SktS5 OFFiec 2011MAY 10 FILED CiffiliAL 4DIVISVt CLEgit-StiPERICR SAW DIEGO COUNTY. CA Allan Cate (SBN: 248526) CATE LEGAL GROUP 888 Prospect Street, Suite 200 La Jolla, CA 92037 Tel: (858) 224-5865 Fax: (858) 228-9885 allan@acatelaw.com Attorney for Plaintiff, Duy Trang FILED e; SktS5 OFFiec

More information

OPINION BY. CHIEF JUSTICE HARRY L. CARRICO April 18, FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Randall G.

OPINION BY. CHIEF JUSTICE HARRY L. CARRICO April 18, FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Randall G. Present: All the Justices BRIAN K. HAWTHORN v. Record No. 960261 CITY OF RICHMOND OPINION BY CHIEF JUSTICE HARRY L. CARRICO April 18, 1997 FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Randall G. Johnson,

More information

Civil Action No (JMV) (Mf) Plaintiffs alleges that Defendant has wrongfully

Civil Action No (JMV) (Mf) Plaintiffs alleges that Defendant has wrongfully Not for Publication UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ELIZABETH JOHNSON, Plaintiff V. ENCOMPASS INSURANCE COMPANY, Defendant. Civil Action No. 17-3527 (JMV) (Mf) OPINION Dockets.Justia.com

More information

CED: An Overview of the Law

CED: An Overview of the Law Torts BY: Edwin Durbin, B.Comm., LL.B., LL.M. of the Ontario Bar Part II Principles of Liability Click HERE to access the CED and the Canadian Abridgment titles for this excerpt on Westlaw Canada II.1.(a):

More information

! CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS.COM

! CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS.COM Filed 5/24/12! CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS.COM A C.C.P. SECTION 998 OFFER MUST CONTAIN A STATUTORILY MANDATED ACCEPTANCE PROVISION OR IT IS INVALID CERTIFIED FOR PUBLICATION

More information

Accountants Liability. An accountant may be liable under common law due to negligence or fraud.

Accountants Liability. An accountant may be liable under common law due to negligence or fraud. Accountants Liability Liability under Common Law An accountant may be liable under common law due to negligence or fraud. Negligence A loss due to negligence occurs when an accountant violates the duty

More information

ARDEN BOVEE HEYER et al., Plaintiffs and Appellants, v. JOSEPH LAWRENCE FLAIG, Defendant and Respondent.

ARDEN BOVEE HEYER et al., Plaintiffs and Appellants, v. JOSEPH LAWRENCE FLAIG, Defendant and Respondent. +You Search Images Videos Maps News Shopping Gmail More Sign in 70 cal 2d 223 Search Advanced Scholar Search Read this case How cited Heyer v. Flaig, 70 Cal. 2d 223 - Cal: Supreme Court 1969 Highlighting

More information

MDW Funding LLC v Darden Media Group, LLC 2017 NY Slip Op 30878(U) April 28, 2017 Supreme Court, New York County Docket Number: /2015 Judge:

MDW Funding LLC v Darden Media Group, LLC 2017 NY Slip Op 30878(U) April 28, 2017 Supreme Court, New York County Docket Number: /2015 Judge: MDW Funding LLC v Darden Media Group, LLC 2017 NY Slip Op 30878(U) April 28, 2017 Supreme Court, New York County Docket Number: 651708/2015 Judge: Saliann Scarpulla Cases posted with a "30000" identifier,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Kinard v. Greenville Police Department et al Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Ira Milton Kinard, ) ) Plaintiff, ) C.A. No. 6:10-cv-03246-JMC

More information

Case 3:17-cv DPJ-FKB Document 5 Filed 05/19/17 Page 1 of 15

Case 3:17-cv DPJ-FKB Document 5 Filed 05/19/17 Page 1 of 15 Case 3:17-cv-00270-DPJ-FKB Document 5 Filed 05/19/17 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION TINA L. WALLACE PLAINTIFF VS. CITY OF JACKSON,

More information

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1 1 1 Anna Y. Park, SBN Michael Farrell, SBN U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION East Temple Street, Fourth Floor Los Angeles, CA 001 Telephone: ( - Facsimile: ( -1 E-Mail: lado.legal@eeoc.gov

More information

STATE PROCEEDINGS ACT

STATE PROCEEDINGS ACT STATE PROCEEDINGS ACT Act 5 of 1953 15 October 1954 ARRANGEMENT OF SECTIONS 1A. Short title 1B. Interpretation PRELIMINARY PART I SUBSTANTIVE LAW 1. Liability of State in contract 2. Liability of State

More information

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA RICHARD N. SIEVING, ESQ. (SB #33634) JENNIFER L. SNODGRASS, ESQ. (SB #78) 2 THE SIEVING LAW FIRM, A.P.C. Attorneys at Law 3 0 Howe Avenue, Suite 2N Sacramento, California 982 4 Telephone: (96) 444-3366

More information

THERE IS NO TORT CAUSE OF ACTION FOR INTENTIONAL OR NEGLIGENT SPOLIATION IN CALIFORNIA [But Other Remedies May Be Available]

THERE IS NO TORT CAUSE OF ACTION FOR INTENTIONAL OR NEGLIGENT SPOLIATION IN CALIFORNIA [But Other Remedies May Be Available] THERE IS NO TORT CAUSE OF ACTION FOR INTENTIONAL OR NEGLIGENT SPOLIATION IN CALIFORNIA [But Other Remedies May Be Available]! JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS ! CASENOTE JAMES GRAFTON RANDALL,

More information

CLASS ACTION COMPLAINT

CLASS ACTION COMPLAINT Benjamin Heikali (SBN 0) Joshua Nassir (SBN ) FARUQI & FARUQI, LLP Wilshire Boulevard, Suite 0 Los Angeles, CA 00 Telephone: () - Facsimile: () - E-mail: bheikali@faruqilaw.com jnassir@faruqilaw.com Attorneys

More information

SUPERIOR COURT DIVISION COUNTY OF WAKE 12 CVS 1742

SUPERIOR COURT DIVISION COUNTY OF WAKE 12 CVS 1742 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF WAKE 12 CVS 1742 ANDREA SAUD MARTINEZ, ) Plaintiff ) ) v. ) OPINION AND ORDER ) ON MOTION TO DISMISS LUDO REYNDERS

More information

Pleading Punitive Damages

Pleading Punitive Damages CONSUMER ATTORNEYS OF LOS ANGELES INSURANCE BAD FAITH SEMINAR: PUNITIVE DAMAGES Bill Daniels Bill Daniels Law Offices Los Angeles Punitive Damages Pleading Punitive Damages Effectively Strategies for Maximizing

More information

COMPLAINT DEMAND FOR JURY TRIAL

COMPLAINT DEMAND FOR JURY TRIAL 1 1 1 1 1 1 0 1 THE PARTIES. HEATHER MONASKY (hereinafter referred to as MONASKY ), is an individual, who was employed by THE MATIAN FIRM, APC, and Shawn Matian. Hereinafter referred to as DEFENDANTS..

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORIGINAL COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORIGINAL COMPLAINT Case 4:11-cv-00346 Document 1 Filed in TXSD on 01/26/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION F. B. LACY V. CA REPUTABLE RARE COINS, LLC and

More information

STATE OF KANSAS TRANSPORTATION COMPENDIUM OF LAW

STATE OF KANSAS TRANSPORTATION COMPENDIUM OF LAW STATE OF KANSAS TRANSPORTATION COMPENDIUM OF LAW Prepared by Patrick K. McMonigle John F. Wilcox, Jr. Dysart Taylor Cotter McMonigle & Montemore, P.C. 4420 Madison Avenue Kansas City, MO 64111 Tel: (816)

More information

NOTICE TO ALL COUNSEL

NOTICE TO ALL COUNSEL IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO Law and Motion Calendar Judge: HONORABLE SUSAN GREENBERG Department 3 400 County Center, Redwood City Courtroom 2B Wednesday,

More information

LAWATYOURFINGERTIPS NO LIABILITY WHERE FRIEND AGREED TO HELP WITH ROOF REPAIR AND FELL OFF HOMEOWNERS ROOF:

LAWATYOURFINGERTIPS NO LIABILITY WHERE FRIEND AGREED TO HELP WITH ROOF REPAIR AND FELL OFF HOMEOWNERS ROOF: LAWATYOURFINGERTIPS NO LIABILITY WHERE FRIEND AGREED TO HELP WITH ROOF REPAIR AND FELL OFF HOMEOWNERS ROOF: Friend agreed to help homeowner repair roof. Friend was an experienced roofer. The only evidence

More information

2:14-cv RMG Date Filed 02/25/14 Entry Number 1 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

2:14-cv RMG Date Filed 02/25/14 Entry Number 1 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 2:14-cv-01400-RMG Date Filed 02/25/14 Entry Number 1 Page 1 of 19 Civil Action No. WILMA DANIELS, Plaintiff, v. PFIZER, INC., Defendant. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

More information

Superior Court of California

Superior Court of California Superior Court of California County of Orange Case Number : 0--0001-CU-NP-CXC Copy Request: Request Type: Case Documents Prepared for: cns Number of documents: 1 Number of pages: Todd M. Friedman, Esq.-

More information

DA IN THE SUPREME COURT OF THE STATE OF MONTANA 2013 MT 257

DA IN THE SUPREME COURT OF THE STATE OF MONTANA 2013 MT 257 September 10 2013 DA 12-0614 IN THE SUPREME COURT OF THE STATE OF MONTANA 2013 MT 257 TOM HARPOLE, v. Plaintiff and Appellant, POWELL COUNTY TITLE COMPANY, and FIRST AMERICAN TITLE INSURANCE COMPANY, Defendants

More information

THE STATE OF NEW HAMPSHIRE SUPREME COURT

THE STATE OF NEW HAMPSHIRE SUPREME COURT THE STATE OF NEW HAMPSHIRE SUPREME COURT In Case No. 2017-0412, Louis F. Clarizio v. R. David DePuy, Esq. & a., the court on October 12, 2018, issued the following order: Having considered the briefs and

More information

Case 3:02-cv JAH-MDD Document 290 Filed 08/14/12 Page 1 of 10

Case 3:02-cv JAH-MDD Document 290 Filed 08/14/12 Page 1 of 10 Case :0-cv-00-JAH-MDD Document 0 Filed 0// Page of 0 0 0 FRANK R. JOZWIAK, Wash. Bar No. THANE D. SOMERVILLE, Wash. Bar No. MORISSET, SCHLOSSER, JOZWIAK & SOMERVILLE 0 Second Avenue, Suite Seattle, WA

More information

CAUSE NUMBER PLAINTIFF S FIRST AMENDED ORIGNAL PETITION AND REQUEST FOR DISCOVERY AND REQUEST FOR TEMPORARY RESTRAINING ORDER

CAUSE NUMBER PLAINTIFF S FIRST AMENDED ORIGNAL PETITION AND REQUEST FOR DISCOVERY AND REQUEST FOR TEMPORARY RESTRAINING ORDER CAUSE NUMBER 2018-51603 STERLING GREEN COMMUNITY IN THE DISTRICT COURT IMPROVEMENT ASSOCIATION, Plaintiff, vs. 55 th JUDICIAL DISTRICT DOROTHY MALVEAUX Defendant. OF HARRIS COUNTY, TEXAS PLAINTIFF S FIRST

More information

May 24, Supreme Court. No Appeal. (PC ) Pocahontas Cooley : v. : Paul Kelly. :

May 24, Supreme Court. No Appeal. (PC ) Pocahontas Cooley : v. : Paul Kelly. : May 24, 2017 Supreme Court No. 2014-337-Appeal. (PC 07-2627) Pocahontas Cooley : v. : Paul Kelly. : NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers

More information

DC PLAINTIFFS' ORIGINAL PETITION COME NOW, PLAINTIFFS DEE VOIGT, INDIVIDUALLY AND AS

DC PLAINTIFFS' ORIGINAL PETITION COME NOW, PLAINTIFFS DEE VOIGT, INDIVIDUALLY AND AS 4-CIT/CERT MAIL CAUSE NO. DC-17-02842 FILED DALLAS COUNTY 3/8/2017 4:47:47 PM FELICIA PITRE DISTRICT CLERK Jesse Reyes Dee Voigt, Individually and as Representative of the Estate of Peggy Hoffman, Deceased,

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, CENTRAL BRANCH -- UNLIMITED JURISDICTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, CENTRAL BRANCH -- UNLIMITED JURISDICTION DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- FILro CIVIL SUSINESS OFFICE ; 1- RAL DIVISION 1 1 1 1 1 1 0 P. CHRISTOPHER ARDALAN, SB# ARDALAN & ASSOCIATES, PLC 0 Canoga Ave., Suite Woodland Hills, CA 1 Telephone:

More information

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JUDIE BATT YARNELL, an individual, Plaintiff, v. Case No.: 2017-CA-004914 JARED N. QUARTELL, ESQ., an individual,

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION DUANE MORRIS, LLP, Plaintiff, v. OCTOBER TERM 2001 No. 001980 NAND TODI, Defendant. ORDER AND NOW,

More information

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA Filed 1/31/17 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered

More information

MLL217 MISLEADING CONDUCT AND ECONOMIC TORTS

MLL217 MISLEADING CONDUCT AND ECONOMIC TORTS MLL217 MISLEADING CONDUCT AND ECONOMIC TORTS Contents FALSE AND MISLEADING STATEMENTS... 5 Other Common Law Torts Regulating False or Misleading Statements... 5 Deceit... 5 Injurious falsehood... 6 Negligent

More information

FILED: NEW YORK COUNTY CLERK 11/04/ :40 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/04/2016

FILED: NEW YORK COUNTY CLERK 11/04/ :40 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/04/2016 FILED: NEW YORK COUNTY CLERK 11/04/2016 02:40 PM INDEX NO. 159321/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/04/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------X

More information

Page: 1 PROVINCE OF PRINCE EDWARD ISLAND PRINCE EDWARD ISLAND COURT OF APPEAL. JOHN McGOWAN and CAROLYN McGOWAN THE BANK OF NOVA SCOTIA

Page: 1 PROVINCE OF PRINCE EDWARD ISLAND PRINCE EDWARD ISLAND COURT OF APPEAL. JOHN McGOWAN and CAROLYN McGOWAN THE BANK OF NOVA SCOTIA Page: 1 PROVINCE OF PRINCE EDWARD ISLAND PRINCE EDWARD ISLAND COURT OF APPEAL Citation: McGowan v. Bank of Nova Scotia 2011 PECA 20 Date: 20111214 Docket: S1-CA-1202 Registry: Charlottetown BETWEEN: AND:

More information

COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND WRONGFUL DEATH DAMAGES

COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND WRONGFUL DEATH DAMAGES ELECTRONICALLY FILED 5/15/2018 10:54 AM 01-CV-2018-901975.00 CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA ANNE-MARIE ADAMS, CLERK IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA BIRMINGHAM CIVIL DIVISION

More information

Case 2:14-cv SJO-FFM Document 27 Filed 10/14/14 Page 1 of 7 Page ID #:773

Case 2:14-cv SJO-FFM Document 27 Filed 10/14/14 Page 1 of 7 Page ID #:773 Case :-cv-0-sjo-ffm Document Filed 0// Page of Page ID #: JEFFREY D. NADEL, ESQ. 000 VENTURA BLVD., SUITE 0 ENCINO, CA -- S.B.#0 ATTORNEY FOR ALEJANDRO ALEX TREJO, THIRD PARTY CLAIMANT 0 0 UNITED STATES

More information

Case 3:16-cv SK Document 1 Filed 08/17/16 Page 1 of 23

Case 3:16-cv SK Document 1 Filed 08/17/16 Page 1 of 23 Case :-cv-0-sk Document Filed 0// Page of James R. Patterson, CA Bar No. Allison H. Goddard, CA Bar No. Elizabeth A. Mitchell CA Bar No. PATTERSON LAW GROUP 0 West Broadway, th Floor San Diego, CA Telephone:

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. Case No:

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. Case No: Case :-cv-0 Document Filed /0/ Page of Page ID #: 0 Jonathan Shub (CA Bar # 0) KOHN, SWIFT & GRAF, P.C. One South Broad Street Suite 00 Philadelphia, PA 0 Ph: () -00 Email: jshub@kohnswift.com Attorneys

More information

Did You Blow the Statute of Limitations?

Did You Blow the Statute of Limitations? Did You Blow the Statute of Limitations? The Effect of Title 7 on a Community Association s Right to Sue for Construction Defects Tyler P. Berding, Esq. It s 1998. The plumbing in your association s 5-year

More information

CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA Filed 8/3/18 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA MARY ANSELMO, Plaintiff and Appellant, v. GROSSMONT-CUYAMACA COMMUNITY COLLEGE DISTRICT,

More information

If you have questions or comments, please contact Jim Schenkel at , or COUNTY OF LIMESTONE

If you have questions or comments, please contact Jim Schenkel at , or  COUNTY OF LIMESTONE 1 1 1 1 1 0 1 Please note: This sample document is redacted from an actual research and writing project we did for a customer some time ago. It reflects the law as of the date we completed it. Because

More information

RELIEF FOR VIOLATIONS OF: SOLARCITY CORPORATION,

RELIEF FOR VIOLATIONS OF: SOLARCITY CORPORATION, Case :-cv-0 Document Filed 0/0/ Page of Page ID #: 0 0 Abbas Kazerounian, Esq. (0) ak@kazlg.com Matthew M. Loker, Esq. () ml@kazlg.com 0 East Grand Avenue, Suite 0 Arroyo Grande, CA 0 Telephone: (00) 00-0

More information