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San Diego Injury Lawyer Blog

Can an Insurance Company Hide Witness Statements?

Date: 06/20/2010


What happens if you are involved in a car accident in California and the at-fault driver's insurance company takes recorded statements of witnesses to the accident? Can you review them during your personal injury lawsuit?

The California Court of Appeals recently ruled in the case of Coito v. Superior Court that such statements are discoverable and must be turned over to the other party. You can read more about this important California personal injury case law here.




Newhall Toddler Seriously Injured In Dog Attack

Date: 06/18/2010


A 5 year-old toddler, Jose Sadino, was seriously injured in a dog attack at a Newhall apartment complex on June 11, 2010. According to the news stories, a vicious pit bull jumped out of a window and started attacking Jose who was playing with other children outside the apartment complex. Sadino’s mother, along with a few neighbors, intervened and made the dog go away. Los Angeles Sheriff’s officers took the pit bull into custody to determine if it had a prior bite history and whether the owner will face any criminal charges.

Jose Sadino sustained serious injuries, but thankfully none of them are expected to be life threatening. The owner of the pit bull may be held liable for the injuries caused and may have to compensate for the expenses involved. Clearly, the owner should have made sure that the pit bull was securely tied and that it was restrained. Dog owners have an absolute duty to make sure that their animals do not injure or kill others. Further, in a civil justice context, dog owners can be held strictly liable for any damage or injury caused by their dog.

We sympathize with Jose Sadino’s family and wish him a complete recovery soon. We hope that his wounds heal and that his scars, if any, can be treated and minimized. Jose Sadino’s parents can seek compensation for their medical expenses and suffering from the pet owner if this accident occurred due to his/her negligence. People who are injured in a dog attack need to know that they have certain legal rights that could help them come out of the accident, financially.





Driver Under the Influence Collides with San Diego Firefighter Truck

Date: 06/17/2010


Yesenia Mitre, 25, collided with a firefighters’ truck and left four firefighters injured. The truck was on its’ way to answer a medical emergency on the morning of June 13, 2010. According to reports, Mitre drove out directly in the lane of traffic the fire truck was travelling in close to Alpine in eastern San Diego County. Due to the collision, the fire truck lost control and hit a pole.

According to the San Diego 6 news report, Mitre was driving under the influence and was arrested. The four firefighters sustained serious injuries while Mitre sustained a broken wrist.

It is indeed an unfortunate thing that due to the negligent and intoxicated driver, the four firefighters were badly injured. It is absolutely insane that instead of giving way to the emergency truck, Mitre drove right into its path. Mitre will most likely be found to have violated California Vehicle Code Section 23152(a) which states that “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” Under California law, it is also illegal to drive a vehicle with a blood alcohol content of 0.08 percent or higher.





Pedestrian Injured In Orange County Car Crash

Date: 06/16/2010


A 74 year-old woman sustained serious injuries in a pedestrian accident on June 15, 2010 when she was hit by a Nissan Sentra. According to the news report submitted in the Orange County Register, the injured pedestrian was walking with her dog in the 3100 block of Yorba Linda Boulevard in Fullerton when she was struck by the car.

Police officials stated that the injured lady might have stepped into the westbound lanes to go around the car, which was coming out of an apartment complex driveway. The injured woman was taken to a nearby hospital where she was treated for her injuries.

We wish the injured pedestrian a speedy and complete recovery and hope that her injuries are not life threatening. Normally, California law holds that drivers must give the right of way to pedestrians in marked crosswalks and at an intersection. Under California law, an intersection is any place where two streets come together at a right angle. However, even given these protections (which are set forth in California Vehicle Code Section 21950) does not relieve the pedestrian from exercising reasonable care for his safety.





Should Doctors Prevent Texting While Driving?

Date: 06/16/2010


The New England Journal of Medicine recently published an essay where the writing doctor recommended that family doctors begin asking their patients whether they text and drive or talk on their cellphones while driving.

The San Diego car accident lawyers at the Jurewitz Law Group take a look at the essay here.

San Diego Car Accident Lawyer Blog

Culver City Car Accident Caused By Suspected Hit-And-Run Driver

Date: 06/24/2010


Brandon David Brown, 31, died in a car accident on June 20, 2010, when his Toyota Tercel struck a SUV that stopped in the north bound lane of the 405 Freeway (I-405, the San Diego Freeway) near Culver City. According to the CBS news report, Brown died at the accident scene after driving his vehicle to the rear side of the SUV.

California Highway Patrol Officers said that the SUV driver ran from the scene of accident without attending to Brown. Authorities are looking in for that suspected hit and run driver and his vehicle.

We offer our deepest condolences to Brown’s family and friends for such a tragic and devastating loss. We hope that the California Highway Patrol officers are able to trace that hit and run driver and are able to bring in some justice for the Brown family. The family of the deceased may be entitled for compensation to cover the cost of funeral, loss of earning, loss of love and companionship and other related damages. The driver not only caused the auto accident but also committed a felony by running away from the scene of accident leaving Brown to die. According to California Vehicle Code Section 20001(a), a driver of a vehicle involved in an accident resulting in death or injury must stop and remain at the accident scene. The clear purpose of this law is to make sure that the responsible party contacts the people injured in an accident and provides them with assistance. There are few acts worse than leaving the scene of an injury auto accident.





Anaheim Car Accident Kills Disabled Motorist

Date: 06/23/2010


Enrique Aniceto, 47, was standing next to his disabled 2010 Honda when he was struck by another vehicle on June 19, 2010, in Anaheim. The Orange County Register reports that this accident happened along the westbound lanes of the 91 Freeway (SR-91).

Aniceto was pronounced dead at the accident scene. It appears that there occurred an initial collision between two cars followed by another fatal crash along the Fastrak Lane of the freeway close to the Imperial Highway exit. We offer our deepest condolences to Aniceto’s family and friends for such a tragic loss.

The investigation is in progress to know the root cause of this car crash. The driver of the other car failed to notice a stranded car and Aniceto. This leads us to doubt his alertness while driving. Was he driving under influence or was he distracted and negligent? Under California law, it is unlawful for anyone to operate a motor vehicle under the influence of any drug or alcohol per California Vehicle Code Section 23152(a). If the driver who struck Aniceto is determined to have been responsible for the accident, he or she could be held liable for Aniceto's wrongful death. Aniceto family may be entitled for compensation to cover funeral expenses, loss of future earnings, loss of love and companionship, and other related expenses.




Santa Clarita Car Accident Leaves Teenager and Police Officer Injured

Date: 06/22/2010


Two people, including a Garden Grove teenager, sustained injuries in a Santa Clarita car accident on June 15, 2010. According to the Orange County Register report, the traffic collision took place at the intersection of Stevenson Ranch Parkway and Pico Canyon Road. The car crash occurred when Jessie Frutos, 17, driving his Mercedes Benz E55 drove right into the path of a car driven by a Los Angeles Sherriff’s Patrol, Deputy Blake Carpenter, 24, and caused a head-on collision.

Frutos was heading east on Pico Canyon Road when either he or Officer Carpenter failed to give the right of the way to each other. The police investigation is still in progress to determine the exact cause of this collision. If the officer is found to have been negligent, he and/or his employer can be held liable for the cost of Frutos’ hospitalization, treatment of injuries, and other related expenses. California law requires drivers to give the right of way to oncoming vehicles and to vehicles who have already entered the intersection from a different road.

We wish both the injured victims a speedy recovery and hope that they did not sustain any major injury.





Two People Injured in Irvine Car Crash

Date: 06/19/2010


Two people sustained serious injuries on June 10, 2010, in an Irvine car crash when the driver lost control of his green colored Toyota Tacoma pickup. The driver of Toyota, Daniel Stirewalt, 23, was later arrested on the suspicion of drunken driving.

According to the Orange County Register news report, Stirewalt was driving east towards Walnut Avenue when he failed to negotiate a curve near Kazan Street. His vehicle then hit the center median and rolled over. The passenger riding in Stirewalt’s vehicle had to be pulled from the vehicle and transported to a nearby hospital with head injuries.

In accidents like these where a single vehicle accident is caused by a negligent driver, his injured passenger may be entitled for compensation to cover medical expenses, cost of hospitalization, rehabilitation, and other related damages. In this particular case, the driver may have been in violation of California Vehicle Code Section 23152(a) for driving under the influence of alcohol. That section states, “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”

Consulting with an experienced Irvine personal injury attorney is important in these cases because there are a variety of defenses which may be raised by the insurance company, including alleging that the injured victim is responsible for his own injuries for getting into a car with a driver he should have known was intoxicated and unfit to drive. That is a favorite insurance defense argument. In addition, a trained car accident lawyer may be able to have the negligent driver’s insurance company pay for his attorneys’ fees, rather than having the injured person being responsible for this bill.





Pedestrian Injured In Anaheim Car Accident

Date: 06/18/2010


An unidentified man was seriously injured in an Anaheim car crash when he was hit by a Lexus IS 350 while walking in a crosswalk on June 11, 2010. According to Orange County Register, this pedestrian accident occurred at the intersection of State College Boulevard and La Palma Avenue while the Lexus was trying to take a right turn.

According to the Orange County Register news report, the pedestrian was conscious and suffered severe back injuries as a result of the impact. Investigation is still being conducted to determine the exact cause of this pedestrian accident. As for now it is believed that the Lexus driver was at fault as the pedestrian was walking on the marked crosswalk, thereby having the right of way under California law. If the driver of Lexus was negligent, distracted, or was driving under influence, the pedestrian may be entitled to compensation for his injuries.

California Injury Accident Lawyer

Two Seriously Injured In Torrance Car Accident

Date: 06/24/2010

Two people sustained serious injuries in a car crash at the J.J. Bakery in the 2300 block of Crenshaw Boulevard on June 18, 2010. According to the news report published in the Daily Breeze, a woman was parking her Mercedes Benz in front of the J.J. Bakery when she hit the gas instead of the brakes and struck the front door.


Rosemead Head-On Car Accident Injures Two

Date: 06/22/2010

Two people sustained critical injuries and several others were also injured in a Los Angeles car crash after a tour bus collided with another vehicle head on. According to the Pasadena Star News report, this auto accident occurred on June 17, 2010, near the intersection of Garvey Avenue and San Gabriel Boulevard when a Nissan Sentra was rear ended by a Honda Civic.


Dixon Rollover Car Crash Hurts Four People

Date: 05/24/2010

A car crash on May 19, 2010, injured four people when a car turned over on Interstate 80 (I-80) in Dixon. According to the California Highway Patrol, Shelbee Szeto, 18-years old of Oakland, was driving his Mazda Sedan westbound when he lost control of his vehicle. The auto accident happened at about 10 a.m.


Drunk Marina Man Injures 2 Monterey Policemen in Head-On Car Accident

Date: 04/03/2010

A 21-year old drunk Marina resident injured two Monterey police officers in a Monterey DUI car accident that took place on March 25, 2010 on Fremont Street at around 1:00 am.


Real World Star Puck Arrested in San Diego DUI Car Accident

Date: 03/27/2010

The Real World: San Francisco star David Rainey (otherwise known as “Puck”) was arrested for drunk driving in a San Diego injury accident that took place on March 24, 2010 on California’s Route 79. Rainey’s 8-year-old son was also injured along with him in the car accident.

Best Bicycle Accident Lawyer

Santa Ana Bicyclist Killed In Newport Beach Bike Accident

Date: 07/27/2010

Michael William Nine, 43 of Santa Ana, was killed in a fatal bicycle accident at the intersection of Harbor Ridge Drive and Spyglass Hill Road on July 15, 2010 at around 7:47 a.m.


Orange County Bicyclist Killed in Crash With A Motorcycle

Date: 06/25/2010

A bicyclist died on June 23, 2010, when he collided with a motorcyclist on Landstar Boulevard near Pinnacle Cove. According to the Florida Highway Patrol officer, the bicyclist crashed into a 31 year-old motorcyclist, Jean Ronald Ramfort, who was riding a 1999 Honda motorcycle.


Teenager Injured In Michigan Bicycle Accident

Date: 06/23/2010

A 15-year old boy sustained serious injuries on June 17, 2010, when his bicycle chain came off and he crashed into the side of a delivery truck. Ypsinalti Police said the boy was riding on Michigan Avenue close to Grove Road when the chain came off while going down the hill.


San Diego Sailor Killed in Bicycle Accident

Date: 05/31/2010

An unidentified 27-year old sailor died in a car crash at Camp Pendleton on May 25, 2010. The sailor was on his bicycle travelling along Vandergrift Boulevard at about 11:30 p.m. when a Honda Odyssey struck him. The injured sailor was immediately airlifted to the nearby San Diego Hospital for treatment where he died a few hours later.


San Diego Bicycle Collision Leaves Cyclist Injured

Date: 04/25/2010

A man was injured in a San Diego bicycle collision that took place on April 14, 2010 before 6 a.m. The accident happened in the 2700 block of Kurtz Street in San Diego.

Best Boating Accident Lawyer Blog

Point Reyes Boat Accident Claims Fourth Marin County Fatality

Date: 07/27/2010

The body of a fourth man involved in a Marin County boating accident was recovered on July 16, 2010. According to Flight Technical Officer, the Sonoma County Sherriff’s helicopter received a call around 2:01 p.m. that a body was found near 10 Mile Beach close to Point Reyes. A 3-person recovery team passed the recovered body to the rangers where the Point Reyes National Seashore took the custody.


Intoxicated Boater Kills Two Women

Date: 06/20/2010

Matthew P. Fortin of Rhode Island has been charged with drunken driving of a boat when his speeding boat caused the death of two women. It appears that, under the influence of alcohol, Fortin was negligent and hit another boat that was carrying these two women. He has been charged with five felony counts related to the boating accident. However, no criminal charge or monetary compensation could ever make up for the harm caused by Fortin’s carelessness.


Teenager Rescued From a Boat Accident

Date: 06/20/2010

Abby Sunderland, a 16-year old teenager from California, was rescued on June 19, 2010 from her broken boat drifting in the middle of the Indian Ocean. Despite her familiarity with the water and sailing, high winds and rough water damaged the mast of her vessel leaving her boat adrift in the ocean. Her radio transmitter was also damaged, making it difficult for her request help.


Two Children Injured in Florida Parasailing Accident

Date: 06/12/2010

Two children sustained injuries in Destin, Florida, when a parasail line broke and the children in the parasail fell away to the water below. At the time when this boating accident occurred, the parasail boat was being pulled in due to unfriendly weather conditions.


Brownsville Boat Accident Leaves One Injured

Date: 06/12/2010

A 33 year-old man, Matthew Bankes was injured in a boat accident on June 5, 2010 at 5:15 p.m along the Mississippi river south of Brownsville, Minnesota. According to the press release made by the Houston County Sherriff’s Officel, Bankes fell out of the boat that he was riding and was then struck by it.

Best Child Injury Lawyer Blog

Minneapolis Boy Abused By Mother; Seriously Injured

Date: 06/23/2010

Minneapolis police arrested a 37 year-old mother, Jacquelyn Wanda Williams, and charged her with violently beating her 6 year-old boy along with her boyfriend on May 27, 2010. KARE11 TV reported that the young boy, living at the 4300 block of the Irving Avenue, was tied with a pole in the basement with a tight telephone cord and was beaten up with the extension cord repeatedly by his mother and her male friend.


Students Injured In San Diego Bus Accident

Date: 06/12/2010

A school bus accident in Oceanside has injured seven high school students and the bus driver with moderate to severe injuries. This accident occurred on June 11, 2010, when the school bus was taking students to a tutoring program.


Zanesville School Bus Accident Kills One Child and Injures Seven Other Children

Date: 06/11/2010

A 6 year-old school boy was killed in a bus crash on June 2, 2010, at 8:18 a.m. when the bus driver lost control of the vehicle along southbound of Ohio State Route 60. According to the LancasterEagleGazzette.com, Carol Oyer, the 47 year-old driver of the Tri Valley school bus, lost control near milepost 26.


Babysitter Charged with Causing Brain Injury in Child

Date: 05/29/2010

Dotty Reed, 18 of Auburn, Washington, is accused of causing a brain injury to a nine month old baby when babysitting the young boy. Reed told detectives that she was frustrated with the baby for the past 3 weeks as he was fussy and appeared not to like her.


San Diego Toddler Drowns in Backyard Swimming Pool

Date: 05/29/2010

Noah Hale, a 3-year old toddler from Descanso, died in tragic swimming pool accident on May 21, 2010, in San Diego when he drowned in a backyard pool in the 24000 block of Sherilton Valley Road. Hale was found unresponsive and face down in the swimming pool by his mother. He was airlifted to a nearby hospital, but he could not revive and died after a short time. It is still not clear how the child came to be in the swimming pool unsupervised.

Best Motorcycle Accident Lawyer Blog

San Bernardino County Man Dies In Fontana Motorcycle Accident

Date: 07/27/2010

Saul Castro, 63 of Mira Loma, died due to injuries sustained in a motorcycle accident in southwestern Fontana. According to San Bernardino’s County Coroner Department, Castro was travelling in the west bound direction on Slover Avenue just west of Redwood Avenue on his 2007 Harley Davidson motorcycle on July 10, 2010 around 6:03p.m.


Antioch Hit-And-Run Motorcycle Accident Kills Two

Date: 06/24/2010

An unidentified truck driver caused an accident resulting in the death of two people in Antioch. Bay City News Reports that this auto accident occurred on east bound Highway 4 when the driver of a Ford F-250 truck made an unsafe lane change. The truck hit a Honda that then lost control and hit a motorcycle killing the motorcyclist and his passenger. The driver of the Honda was hospitalized with major injuries. The pickup truck's driver fled from the scene of the accident.


Fatal San Dimas Motorcycle Accident Caused by Hit-and-Run Driver

Date: 06/21/2010

A motorcycle accident in San Dimas on June 6, 2010, killed Michael Smith, 36, and seriously injured an 11-year-old boy. The other driver, Ryan Ferreira, 39, ran from the scene of the traffic accident. Ferreira made an unsafe lane change near Smith’s Honda CRB1000 motorcycle on a transition road between the southbound 57 Freeway (SR-57) and eastbound the Interstate 10 Freeway (I-10) and caused the collision.

Best Wrongful Death Lawyer Blog

Riverside Woman Dies In Fatal Crash With Semi-Tractor Trailor Truck

Date: 07/27/2010

A 92-year-old Riverside woman succumbed to injuries she sustained from a semi-tractor trailor truck crash on July 16, 2010. Riverside Police Personnel reported that a traffic accident involving a big-rig truck and a car occurred around 1:30 p.m.


Stockton Girl Killed and Two Injured In Lodi DUI Collision

Date: 06/25/2010

Destanee Arlene Little, 19, was killed and two other people sustained serious injuries in a traffic collision near Lodi, California on June 12, 2010. The injured people in this car crash have been identified as David Heredia, 20 and Chaunnel Renberg, 20.


Speeding Big-Rig Truck Killed Four Members of a Family in Napa Valley

Date: 06/20/2010

Four people were killed in a truck accident in Napa County on June 3, 2010, due to negligence of a truck driver who was travelling at a highly risky speed. California Highway Patrol Officers reported that four members killed in this tragic traffic accident--Laura Katherine Smith, 19; Sally Smith, 74; Richard Smith, 80; and Matthew Jay Smith, 48--were all from the same family.


Ohio Couple Killed in San Francisco Taxi Accident Due to Brake Failure

Date: 06/18/2010

An Ohio couple--Dennis Marshall, 61, and Karen Marshall, 59--who were in San Francisco on vacation lost their lives in a car crash on the Interstate Highway 280 off-ramp on June 14, 2010. This car accident occurred at 10:57 a.m., at the Mariposa Street off-ramp from northbound I-280 in the city’s Potrero Hill neighborhood.


Women Killed In Merced Car Crash

Date: 06/16/2010

Liane Gertrud Hocking, 69, was killed in a car crash on June 7, 2010 at the intersection of Atwater Jordan and Bert Cane roads. According to a news report published in the Merced Sun Star, Hocking was driving a 2000 Mitsubishi Galant when she collided with a 2006 Ford F-150 pickup truck driven by Carlos Eduardo Vieira.

Recent Supreme Court of California Opinions

People v. Gastello

Date: 06/25/2010

(Cal., Criminal Law & Procedure) Court of Appeal's reversal of defendant's conviction under section 4573, which makes it a felony for any person to knowingly bring a controlled substance into a custodial setting, is reversed where: 1) the statute applies to someone who has a controlled substance in his possession when arrested for another crime, and who knowingly and voluntarily brings the drugs into jail when booked pursuant to that arrest; and 2) violation of section 4573 does not involve compelled self-incriminating "testimony," but rather the nontestimonial act of knowingly bringing drugs into a correctional facility.




People v. Low

Date: 06/25/2010

(Cal., Criminal Law & Procedure) Conviction of defendant for violating Penal Code section 4573, which makes it a felony for any person to knowingly bring into any state prison or into any county jail any controlled substance, is affirmed where: 1) section 4573 applies to someone who is arrested and brought into jail, and who is found to possess a controlled substance during the booking process; and 2) enforcement of section 4573 does not violate the Fifth Amendment ban on the criminal use of compelled incriminating testimony as the statute does not coerce anyone to admit guilt of any crime or punish them for failing to do so.




Kleffman v. Vonage Holdings Corp.

Date: 06/22/2010

(Cal., Civil Procedure, Class Actions, Commercial Law, Consumer Protection Law, Cyberspace Law, False Advertising) In plaintiff's class action suit under section 17529.5(a)(2), which makes it unlawful to advertise in a commercial e-mail advertisement (i.e. spam) that "contains or is accompanied by falsified, misrepresented, or forged header information," dismissal of the complaint for failure to state a claim is affirmed as sending commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters is not unlawful under section 17529.5(a)(2).




People v. Fontana

Date: 06/22/2010

(Cal., Criminal Law & Procedure, Evidence) Judgment of the court of appeal reversing defendant's sex offense related conviction is reversed as, although the trial court erred in failing to conduct a hearing under Evidence Code section 782 to investigate whether the victim's prior sexual activity could have provided an alternative explanation for her oral and vaginal injuries, and even assuming the hearing would have established the existence and relevance of sexual conduct by the victim earlier that day, the exclusion of such evidence was harmless under any standard. Furthermore, the trial court did not abuse its discretion in excluding evidence of the victim's sexual conduct earlier that day, to the extent it was offered to corroborate defendant's testimony.




Minkler v. Safeco Ins. Co. of Am.

Date: 06/18/2010

(Cal., Contracts, Injury And Tort Law, Insurance Law) In a dispute over a homeowner's insurance coverage, arising from plaintiff's suit against a mother and her son for being sexually molested by the son in their home, the court rules that an exclusion of coverage for the intentional acts of "an insured," read in conjunction with a severability or "separate insurance" clause like the one at issue in this case, creates an ambiguity which must be construed in favor of coverage that a lay policyholder would reasonably expect. Here, a lay insured would reasonably anticipate that under a policy containing such a clause, each insured's coverage would be analyzed separately, so that the intentional act of one insured would not, in and of itself, bar liability coverage of another insured for the latter's independent act that did not come within the terms of the exclusion. Therefore, the homeowner was not precluded form coverage for any personal role she played in her son's molestations of plaintiff merely because the son's conduct fell within the exclusion for intentional acts.

Recent California Appellate Court Opinions

People v. Bloom

Date: 06/26/2010

(Cal. App., Criminal Law & Procedure, Evidence) Conviction of defendant for resisting arrest and other related charges, arising from making more than 40 harassing calls to 911 in a single evening, is affirmed over a challenge to a denial of a motion to suppress as a dispatcher lawfully arrested defendant for making the calls and she was not required to physically restrain him or to be present at the time of the arrest.




Samantha C. v. State Dep't of Developmental Serv.

Date: 06/26/2010

(Cal. App., Administrative Law, Government Law, Health Law) In plaintiff's petition for a writ of mandate and a request for declaratory relief challenging the determinations made by Harbor Regional Center and the state Department of Developmental Services that she did not have a developmental disability and was therefore not entitled to services under the Lanterman Developmental Disabilities Services Act, trial court's denial is affirmed in part and reversed in part where: 1) trial court's judgment upholding the validity of the regulations is affirmed as they are consistent with section 4512(a); but 2) trial court's determination that plaintiff does not have a developmental disability under the Lanterman Act is reversed as she has a disabling condition related to her birth injuries which requires treatment within the meaning of the part of section 4512(a) known as the fifth category.




Greenspan v. LADT, LLC

Date: 06/26/2010

(Cal. App., Civil Procedure, Contracts, Dispute Resolution & Arbitration, Probate, Trusts & Estates, Property Law & Real Estate) In a trust's suit for breach of contract and other claims against two affiliated companies and individuals, trial court's confirmation of an arbitrator's award against defendants in the amount of $6.34 million is affirmed where: 1) per the JAMS rules, the arbitrator, not a court, determines what issues are arbitrable, and here, the arbitrator determined that the issue of joint and several liability was arbitrable; 2) arbitrator's finding of joint and several liability was rationally related to the parties' contract; 3) as to the timeliness of the final award under JAMS rules, the arbitrator's interpretation and application of the rules cannot be judicially reviewed on the merits; and 4) the suit against the arbitrator was barred by arbitral immunity and would not have caused a reasonable person to doubt the arbitrator's impartiality.




People v. Int'l Fid. Ins., Co.

Date: 06/25/2010

(Cal. App., Criminal Law & Procedure) In a prosecution of defendant for attempted murder and other crimes, trial court's denial of a motion to vacate a forfeiture and exonerate bail is affirmed where: 1) the trial court did not err in denying the motion as, although defendant was subject to a greater potential maximum penalty under the first amended information than he had been under the original complaint, the charges in the first amended information were based on the same acts alleged in the complaint; and 2) the certificate of mailing of the notice of forfeiture which was signed by a deputy clerk on behalf of the clerk of the court was properly executed.




Faulkinbury v. Boyd & Assoc. Inc.

Date: 06/25/2010

(Cal. App., Civil Procedure, Class Actions, Labor & Employment Law) In a suit brought by about 4000 current and former employees against an employer, claiming that the company, which provides security guard services throughout Southern California, denied meal and rest breaks and failed to pay for overtime, trial court's denial of their motion for class certification is affirmed in part, reversed in part and remanded where: 1) order denying the motion for class certification as to the meal break class and the rest break class is affirmed as the trial court did not abuse its discretion in finding common issues of law and fact did not predominate over individual issues; and 2) order denying the motion for class certification as to the overtime-pay class is reversed and remanded.

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