Mitch Dean and Garrett Smee teamed up to win an employment case for the City of Carlsbad when the court granted nonsuit on plaintiff’s FEHA claim for disability discrimination and business interference torts. Judge Ronald Frazier in the North San Diego Superior Court, on August 1, 2017, granted nonsuit on all claims but one, after a 5 day jury trial. Once nonsuit was granted, the plaintiff dismissed the remaining claim, [...]
NINTH CIRCUIT-INVENTED PROVOCATION DOCTRINE ABOLISHED BY UNITED STATES SUPREME COURT In a May 30, 2017 opinion, the Unites States Supreme Court stopped in its tracks a doctrine invented by the Ninth Circuit: “If law enforcement officers make a “seizure” of a person using force that is judged to be reasonable based on a consideration of the circumstances relevant to that determination, may the officers nevertheless be held liable for injuries [...]
FIRM WINS GRANT OF SUMMARY JUDGMENT IN CITY OF MURRIETA FEDERAL CIVIL RIGHTS SHOOTING CASE: QUALIFIED IMMUNITY PROTECTS DEFENDANT POLICE OFFICER The City of Murrieta and one of its veteran police officers was sued for alleged excessive force in Federal District Court, Central District. The case was Duane Bowen v. City of Murrieta. Plaintiff brought claims for relief under 42 U.S.C. section 1983 for Fourth Amendment violations (excessive force) [...]
We are pleased to announce that Mitchell Dean is now a member of the American Board of Trial Advocates (ABOTA). ABOTA is a national invitation-only organization. Prospective members must have extensive jury trial experience, possess additional litigation experience, and exhibit the virtues of civility, integrity and professionalism.
How does the Howell rule impact Code of Civil Procedure section 998 offers? The Fifth District Court of Appeal recently answered that question. The plaintiff served defendants with a $1,000,000 section 998 offer that was not accepted. Defendants moved in limine under Howell to permit only the introduction into evidence of paid medical bills. The court denied the motion, concluding that the amount of billed medical expenses was relevant to [...]
In a post last year, the following question was posed regarding dangerous condition of public property liability under Government Code section 835: Should a public entity be liable for injuries when a drunk driver runs another driver off the road and into a tree under a theory that the tree was too close to the road and thus caused the injury or increased the severity of injury sustained? As noted, [...]
In an appeal before Division One of the Fourth Appellate District, Daley & Heft obtained a reversal of a trial court order denying an anti-SLAPP motion on a defamation cause of action. Although finding the anti-SLAPP statute applied to the defamation cause of action—which was based on three pre-litigation communications --, the trial court denied the anti-SLAPP motion concluding that Civil Code section 47(b)’s litigation privilege did not apply because [...]
In an appeal handled by Daley & Heft partner Lee H. Roistacher, the Court of Appeal agreed that primary assumption of the risk applies to a person on a stage. A musician setting up his equipment on stage fell off the stage. Recognizing the trend of applying primary assumption of the risk (Daley & Heft case Knight v. Jewett)to a wide variety of activities and professions, the Court of Appeal [...]