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Archive for the ‘ Case Dismissal’ Category
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Contractual Action Against Public Entities Dismissed

Tuesday, June 24th, 2008

Plaintiff sued various defendants, including numerous public agencies, alleging breach of contract. On behalf of three out-of-state public entity defendants, we successfully argued that California courts did not have personal jurisdiction over the matter and that exercising such jurisdiction would be a gross violation of defendants’ constitutional rights to due process and violate notions of fair play and substantial justice.

Posted in Case Dismissal, Government Liability, Miscellaneous |

Premises Liability Case Dismissed

Wednesday, May 21st, 2008

Plaintiff sustained serious bodily injuries in the course and scope of his employment with the defendant. We demurred on the basis that plaintiff’s action was barred by the exclusivity provisions of the Workers’ Compensation Act. Following the Court’s tentative ruling granting our demurrer without leave to amend, plaintiff filed a dismissal with prejudice.

Posted in Case Dismissal, General Liability, Premises Liability |

Toxic Tort Case Dismissed

Tuesday, May 20th, 2008

Plaintiff alleged that, as a seaman, he was exposure to benzene from 16 different defendants’ products and sustained serious bodily injuries, including acute myelogenous leukemia. In addition to common law claims, plaintiff alleged injures under the Jones Act. We were successful in obtaining a dismissal based on a demurrer.

Posted in Case Dismissal, Toxic Tort |

Professional Malpractice Case Dismissed

Wednesday, April 16th, 2008

Plaintiff alleged that defendants committed malpractice when the defendants allegedly dispensed the wrong medication. Plaintiffs asserted causes of action for strict liability, negligence, breach of warranty, negligent infliction of emotional distress, and negligent supervision. Our demurrer was sustained without leave to amend on the strict liability claim. We moved for summary judgment on the rest of plaintiffs’ claims, arguing that her action was barred by the statute of limitations. In lieu of filing her opposition, plaintiff filed a dismissal of the case.

Posted in Case Dismissal, General Liability, Malpractice |

Failure to Provide Security Case Dismissed Against Government Entity

Friday, February 15th, 2008

Plaintiff alleged that the local law enforcement agency did not provide sufficient security at a public venue when he was assaulted by a third-party. In a letter, we advised plaintiff’s counsel that our clients, public entities defendants, had absolute immunity pursuant to Government Code § 845, and that our clients had not breached any duty or care owed to the plaintiff. Soon thereafter, plaintiff filed a dismissal.

Posted in Case Dismissal, Government Liability |

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