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Casenotes

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The following CASENOTES are on various topics and areas of possible legal matters. Each CASENOTE can be downloaded and saved while viewing via your iPhone or iPad by clicking on the link and selecting open in iBooks (Or any other PDF application you may have installed on your mobile device). For more information on applications or if your device can read PDF files please consult your mobile device manufacturer.

Documents here are saved in the PDF document format.

These newsletters are authored by James Grafton Randall, Esq. For informational purposes only:

January 2021:

CASENOTE: CAUSE OF ACTION FOR NIED MAY BE STATED FOR OBSERVING LIVESTREAM ABUSE OF RELATIVE

CASENOTE: TRIABLE ISSUES OF FACT WHETHER DEFENDANT INCREASED THE RISK IN VIOLENT CHECKING PROCEDURE IN NO-CHECK HOCKEY GAME RESULTING IN SERIOUS INJURIES. FURTHER TRIABLE ISSUE OF FACT EXISTS AS TO WHETHER CONDUCT WAS INTENTIONAL AND WHETHER PUNITIVES ARE AVAILABLE.

August 2020:

CASENOTE: SUDDEN EMERGENCY DOCTRINE
CASENOTE: California Supreme Court rules that an intentional tortfeasor is [not] entitled to a reduction or apportionment of noneconomic damages under section 1431.2, subdivision (a). [Proposition 51].

June 2020:

CASENOTE:A live pet animal sold in its unaltered state is not a product subject to the design defect consumer expectations theory of strict products liability
CASENOTE: COSTS MAY BE RECOVERED FOR EXHIBITS PREPARED FOR TRIAL BUT NOT USED
CASENOTE: THE CLAIM OF THE FAMILY OF EMPLOYEE OF AN INDEPENDENT CONTRACTOR IS BARRED BY PRIVETTE

May 2020:

CASENOTE: OPERATOR OF WATER PARK IS A COMMON CARRIER AND ASSUMPTION OF RISK DOES NOT APPLY. FURTHER, PROVIDING A WATER SLIDE IS NOT A SERVICE, THUS PRODUCTS LIABILITY APPLIESCASENOTE: Does a company’s name and logo appearing on an invoice constitute hearsayCASENOTE: LYFT not liable if driver not in course and scope of transporting passengers pursuant to LYFT agreement

MARCH 2020:

CASENOTE: The question posed in this appeal is whether a father who provides financial support for his adult son may be held liable for the death of his son’s girlfriend by overdose on methamphetamine allegedly purchased or supplied by the adult son.

FEBURARY 2020:

CASENOTE: PROTECTIVE NETTING AND PERCEIVED DANGER ZONESCASENOTE: PRIVETTE MITIGATION CASENOTE: CAR JUMPS CURB OTHER INCIDENTS

JULY 2019:

CASENOTE: CASENOTES JUDGMENT AGAINST DEFENDANT REVERSED BASED ON ERRONEOUS NEGLIGENCE PER SE INSTRUCTIONSCASENOTE:TRIAL COURT ERRED IN NOT AWARDING COSTS FOR DENIAL OF RFA’S IN UM MOTORIST ARBITRATION PROCEEDING CASENOTE:COURT AFFIRMS MSJ IN FAVOR OF SHOPPING CENTER IN THIRD PARTY ASSAULT CASE

JUNE 2019:

CASENOTE: The burden of showing “reasonable grounds” for denial of RFAS rests on the party seeking to avoid paying costs. The party denying an RFA “is not responsible for [the propounding party’s] costs if it shows it ‘had reasonable ground to believe [it] would prevail on the matter.’CASENOTE: PARTY (DEFENDANT) SEEKING TO REDUCE FUTURE DAMAGES TO PRESENT VALUE OR PARTY (PLAINTIFF) SEEKING AN UPWARD ADJUSTMENT OF FUTURE DAMAGES TO ACCOUNT FOR INFLATION BEARS THE BURDEN OF PROVING AN APPROPRIATE METHOD FOR DOING SO. DAMAGES MAY NOT BE ADJUSTED WITHOUT EVIDENCE OF SUCH METHODCASENOTE: APPELLATE COURT VACATES $1 MILLION DEFAULT JUDGMENT WITH EXCELLENT DISCUSSION OF CIVILITY AND PROFESSIONALISM EXPECTED OF ATTORNEYS

JUNE 2018:

MARCH 2018:

FEBRUARY 2018:

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AUGUST 2017:

JULY 2017:

MAY 2017:

APRIL 2017:

MARCH 2017:

FEBRUARY 2017:

JANUARY 2017:

 

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