(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/sex discrimination case and its proceedings.) Plaintiff GINA SMITH (hereinafter referred to as Plaintiff ) hereby submits her opposition to Defendant HEALTHMART FOODS (hereinafter Healthmart Foods or Defendant…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) PLAINTIFF HAS PLEADED EACH AND EVERY ELEMENT OF A CAUSE OF ACTION FOR WILFUL MISCONDUCT Defendants David X., M.D. and Doctors Medical Group…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) THERE IS A TRIABLE ISSUE OF FACT AS TO WHETHER THE NEGLIGENCE OF THE DEFENDANT WAS A CAUSE OF MS. SMITH’S DEATH WHERE…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) ARGUMENT IT IS WELL SETTLED THAT INCONSISTENT PLEADINGS ARE PERMITTED Defendants’ David X., M.D. and Doctors Medical Group’s demurrer to Plaintiffs Complaint is…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) Mr. Santoro’s Damages are Straightforward and Largely Undisputed Defendants suggest that plaintiffs damages evidence will be highly complex and note that there were…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) 2) With respect to acts that occurred prior to June 10, 2004 (and this would include the initial referral for a fitness-for-duty evaluation…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury case and its proceedings.) POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS’ DAVID X., M.D, AND DOCTORS MEDICAL GROUP’S DEMURRER TO AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.) In Hastie v. Handeland (1969) 274 Cal. App. 2d 599, a case involving a vehicular collision and subsequent death of the victim following…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/insurance coverage case and its proceedings.) Plaintiffs’ complaint against Blue Shield contains causes of action for breach of contract, breach of the implied covenant of good faith and…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.) LEGAL ARGUMENT A. LEGAL STANDARD FOR DEMURRER The function of a demurrer is to test the sufficiency of a Plaintiffs pleadings by raising…