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Damages

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A request for nominal damages satisfies the redressability element of standing where a plaintiff’s claim is based on a completed violation of a legal right.  For the purpose of Article III standing, nominal damages provide the necessary redress for a past, completed violation of a legal right. Read More

Following n Hill v. Superior Court (2016) 244 Cal.App.4th 1281 and Kerley v. Weber (2018) 27 Cal.App.5th 1187, and disagreeing with Levin v. Winston-Levin (2019) 39 Cal.App.5th 1025, this decision holds that double damages may be awarded under Probate Code 859 without a finding of bad faith if the defendant has taken or concealed property of a dependent adult, a… Read More

Plaintiff contracted mesothelioma, allegedly from asbestos-concrete pipe manufactured by defendant, a successor to Johns Manville's asbestos-concrete business.  A $15 million punitive damage award is reversed for lack of evidence that an officer, director or managing agent of defendant acted with malice, oppression or fraud or authorized or ratified any conduct.  Romo v. Ford Motor Co. (2002) 99 Cal.App.4th 1115 doesn't… Read More

In building a house on his own property, defendant severed roots of a large pine tree that was partly on defendant's property and partly on plaintiff's.  Following Scholes v. Lambirth Trucking Co. (2020) 8 Cal.5th 1094, this decision holds that plaintiff can recover only single damages for killing the pine tree.  The injury to the tree occurred from severing roots… Read More

Jury verdict that car did not have "a window defect that rendered it unfit for the ordinary purpose of providing transportation" should have ended the jury's task on the plaintiff's claim for breach of implied warranty.  But due to an error in the jury verdict form, the jury went on to award plaintiff damages.  Held, the trial court correctly granted… Read More

CCSF wrongly terminated Morgado's employment as a police officer.  While he was no longer working for CCSF, Morgado was engaged as a broker, earning $181,000 in gross income.  This decision holds that Morgado's earnings as a broker must be offset agaisnt the damages he is awarded against CCSF whether for front or back pay.  Morgado is entitled only to be… Read More

Agreeing with Thomas v. Duggins Construction Co., Inc. (2006) 139 Cal.App.4th 1105, the Supreme Court holds that an intentional tortfeasor is not entitled to the benefits of Proposition 51 and CIvil Code 1431.2.  An intentional tortfeasor is fully liable for all of the plaintiff's economic and noneconomic damages.  Whereas, under secction 1431.2, a negligent tortfeasor is liable for the amount… Read More

California does not allow recovery of damages for the shortened life expectancy caused by plaintiff's contracting a disease from the defendant's product.  And, in awarding damages for pain and suffering, the jury may only award such damages during the period the plaintiff is actually expected to live due the contracted disease. Read More

Probate Code 859 provides for an award of double damages if the court finds that the defendant son has in bad faith wrongfully taken . . . property belonging to a . . . dependent adult, . . .  or has taken . . . the property by the use of undue influence in bad faith or through the commission… Read More

The trial court erred in failing to award the plaintiff the value of home health care and other household services provided to plaintiff’s decedent before his death by several of his children, as well as the value of nursing services that the decedent would have rendered to his wife had he not been injured by the defendant. Read More

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