Abuse of Discretion

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

The trial court did not abuse its discretion in not denying defendant's summary judgment motion for alleged defects in its separate statement of undisputed facts.  Though a trial court may deny a summary judgment motion on that ground, it is not compelled to do so.  Here, the alleged defect was stating several facts together in a single "undisputed fact" and… Read More

A severely retarded resident of a care facility sued it for damages suffered in a sexual assault by a handyman on the facility's premises.  The decision holds that the trial court abused its discretion in excluding portions of a police report which the plaintiff relied on in opposition to the facility's summary judgment motion.  The police report was excepted from… Read More

The district court abused its discretion in excluding the testimony of plaintiff's fire investigator expert witness.  Defendant conceded that the expert was qualified and used generally accepted methodology.  The district court improperly found there was too big a gap between the facts on which the expert based his opinion and the conclusions he drew from those facts.  The district court… Read More