During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

Abuse of Discretion

Subscribe to California Appellate Tracker

Thank you for your desire to subscribe to Severson & Werson’s Appellate Tracker Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

The trial court did not abuse its discretion in denying defendants' motion to disqualify plaintiff's outside counsel firm, Pillsbury, on the ground that Pillsbury had hired two attorneys who eight years before had been associates at Sedgwick and while there had represented some of the defendant insurers in other coverage disputes involving different insureds.  Defendants' evidence failed to show that… Read More

The female complainant in a university's disciplinary proceeding against a male student for alleged sexual assault on the complainant was not an indispensable party to the male student's mandate proceeding against the university for violating his due process rights in its proceedings which resulted in disciplining him.  While the complainant had an interest in the mandate proceeding, complete relief could… Read More

The trial court did not abuse its discretion in staying this case under CCP 410.30 on the ground of forum non conveniens.  The complaint sought a declaration regarding the plaintiffs' duty to defend and indemnify defendants under various insurance policies for opioid litigation brought against defendants throughout the country.  There was already an on-going coverage action involving plaintiff and defendant… Read More

Despite the fact that CCP 222.5(a) was amended in 2018 to provide that a trial court "shall" allow a party to make a brief statement of the case before commencement of voir dire, this decision holds that the trial judge may exercise discretion to control the content of the pre-voir dire statement, and that this judge acted within the bounds… Read More

The trial court did not abuse its discretion in determining that neither party prevailed in this action against a subcontractor and its bonding company.  The plaintiff city won on liability but was awarded only nominal damages though it had sought $3.4 million.  The trial court could properly conclude that the win on damages was not a total victory for the… Read More

Following Berroteran v. Superior Court (2022) 2021 Cal. LEXIS 8418, this decision holds that the trial court did not abuse its discretion in admitting testimony by Ford witnesses given in depositions in a class action involving defects in the same model truck as plaintiff sued on.  Plaintiffs were not parties to the class action since the class was not certified… Read More

Statistical evidence is admissible to establish predominance under FRCivP 23(b)(3) if that evidence would be admissible in an individual action on the same claim, the statistical evidence is linked to the plaintiffs' theory of liability and the use of averaging assumptions does not conceal the variations that otherwise would defeat class certification.  Here, plaintiffs' statistical evidence satisfied those three tests. … Read More

The trial court did not abuse its discretion in ordering a new trial in this case where the writers for the series Columbo sued the studio that produced those shows.  The trial court correctly concluded--only after the jury ruled--that it was for the court to interpret the contract between the parties and that the crucial term "photoplay" included each TV… Read More

The trial court did not abuse its discretion in finding that neither party prevailed or was entitled to an attorney fee award under the Davis-Stirling Act (Civ. Code 5975(e)) or the private attorney general statute (CCP 1021.5) in this suit by a condo owner against the condo association.  Although plaintiff obtained a preliminary injunction and prevailed in forcing the condo… Read More

1 2