(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) STATEMENT OF FACTS A. The Complaint and Universal’s Separate Statement Plaintiffs’ complaint filed August 24, 2007, alleges causes of action for personal injuries (survivorship), wrongful death, negligence, breach of implied warranty,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this medical malpractice case and its proceedings.) Plaintiff’s Trial Brief Re: CACI 430 MEMORANDUM OF POINTS AND AUTHORITIES SUMMARY OF ARGUMENT Defendants propose Special Jury Instruction # 1 based on the argument that…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this car accident case and its proceedings.) BRIEF FACTUAL SUMMARY Plaintiffs are informed, believe and thereon allege the following facts: 8. On or about June 19, 2007, Plaintiff Anna A. and Defendant XYZ…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.) Plaintiffs’ Opposition to Dr. David XY’s Demurrer to Fourth Amended Complaint; Memorandum of Points and Authorities. MEMORANDUM OF POINTS AND AUTHORITIES THIS COURT LACKS JURISDICTION TO…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Plaintiffs’ Memorandum of Points and Authorities in Support of Opposition to the Universal Tire & Rubber Company’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication I. INTRODUCTION The Universal…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of this car accident case and its proceedings.) Complaint for Damages: 1) Breach of Contract; and 2) Breach of Implied Covenant of Good Faith and Fair Dealing GENERAL ALLEGATIONS 1. Plaintiff ANNA A. (hereinafter…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) Significantly, the Supreme Court in Byrd held that in Ochoa the injury-producing event was the failure to provide proper medical attention – and that observing the symptoms was sufficient for bystander…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) FOURTH CAUSE OF ACTION (Wrongful Termination in Violation of Public Policy, by All PLAINTIFFS Against All Defendants) 48. PLAINTIFFS repeat and reallege the allegations contained in paragraphs 1 through 47, and…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) DISPARATE TREATMENT CLAIM Although discovery has not been pursued with regard to this claim, Ms. Smith contends that Ethan Jones (her quasi-supervisor for a period of time because her direct supervisor…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) The defense cites Bird v. Saenz (2002) 28 Cal.4th 910. In Bird, the Supreme Court denied bystander emotional distress to plaintiffs who saw their decedent being briefly rushed through a hospital…