Case Summaries

Remedies

[03/08] Lepi Enters., Inc. v. Nat'l Envtl. Serv. Corp.
A judgment and award of damages against defendants in a contract action is affirmed and remanded where the evidence was sufficient to support a jury's findings that a defendant breached the parties' contract, a damage award was supported by the record, but the district court erred in awarding prejudgment interest on lost profits.

[03/08] Grinnell Corp. v. The Palms 2100 Ocean Beach Boulevard, Ltd.
Petition for certiorari review of a discovery order in a breach of express and implied warranty case involving allegedly defective fire sprinkler pipes is granted in part where the order required defendant to organize and categorize documents and depositions already produced contrary to the dictates of the Florida Supreme Court.

[03/08] Lopez v. Lopez
A final judgment of injunction for protection against domestic violence is affirmed in part over a former husband's claims that he was denied due process and that the court abused its discretion in entering the injunction, and reversed in part where the trial court erred in awarding temporary child support in a post-dissolution injunction.

[03/08] Florida High Sch. Activities Ass'n, Inc. v. Mander
An order temporarily enjoining defendant, Florida High School Activities Association, from prohibiting a private-school student from playing volleyball on a public middle-school team is reversed where the temporary restraining order was entered without reasonable notice to defendant and without requiring plaintiff to post a bond.

[03/06] County of Los Angeles v. Constr. Laborers Trust Fund for S. California Admin. Co.
A judgment establishing lien priorities between claimants to certain interpleaded funds is affirmed where respondent, an attorney to a party in underlying litigation, was entitled to the imposition of an equitable lien.

[03/03] City of Santa Clarita v. NTS Technical Sys.
A judgment entered in an eminent domain action in favor of a municipality is affirmed over defendants' contentions that the trial court erred in finding they failed to show any qualifying goodwill loss, in excluding expert valuation testimony, and in computing the value of a "part take."

[03/03] Garcia v. Superior Court of Los Angeles County
Petition for a writ of mandate from an in limine ruling precluding plaintiff from claiming noneconomic damages in an action for damages arising out of plaintiff and his lift's fall from a tow truck is granted since Proposition 213, Civ. Code section 3333.4, did not limit his right to compensation for noneconomic damages.

[03/03] Marshall v. Hous. Auth. of the City of San Antonio
A tenant may appeal from an adverse judgment in a forcible detainer action without posting a supersedeas bond. Further, a forcible detainer action is moot when the tenant is no longer in possession of the premises and her lease has expired.

[03/02] In re: Powerhouse Licensing, LLC
A petition for writ of mandamus to vacate an order requiring petitioners, defendants in underlying litigation involving alleged fraudulent asset transfers, to proceed with a deposition of an attorney is denied where the attorney-client and work product privileges were waived.

[03/01] B-S Steel of Kansas, Inc. v. Texas Indus., Inc.
Summary judgment for defendants, steel manufacturers, in a suit alleging discrimination in violation of the Robinson-Patman Act and state law claims is affirmed where an arbitration agreement was valid, the district court properly concluded damages claims were collaterally estopped by a previous arbitration award, and plaintiff lacked antitrust standing to pursue injunctive relief.

[03/01] Fuerschbach v. Southwest Airlines Co.
Summary judgment for defendants, police officers and a municipality, on claims brought under 42 U.S.C. section 1983 and state law arising from an elaborate prank that included actual handcuffing and apparent arrest of plaintiff is reversed in part as to a grant of qualified immunity and summary judgment on several state claims.

[03/01] Blase Indus. Corp. v. Anorad Corp.
Summary judgment for defendant-manufacturer in a dispute involving a contractual no-hire agreement between the parties is affirmed where plaintiff, a computer software consulting company, did not prove its lost profit damages to a reasonable certainty, as required by Texas law.

[03/01] Gober v. Ralphs Grocery Co.
An order denying grocery store defendant-employer's motion for a judgment notwithstanding the verdict in a sexual harassment case is reversed and the matter is remanded with directions to modify a judgment for plaintiffs by reducing the award of punitive damages to six times their respective compensatory damages awards.

[03/01] Networkip LLC v. Spread Enterprises., Inc.
Summary judgment of liability and final judgment of damages in favor of plaintiff in an intentional interference and third-party beneficiary action arising out of the sale of multi-national telephone minutes are reversed and summary judgment is entered for the defendant where the original judgments were erroneous as a matter of law.

[03/01] The RCA Records Label, Inc. v. Reyes
Interlocutory order requiring record company to deposit royalties into an escrow account and hold them in trust for the appellees is reversed and remanded with instructions to lift the injunction order where the appellees confessed error and the court lacked authority to restrain the record company's use of its unrestricted assets prior to judgment.

[03/01] Hinrichs v. Bosma
Denial of defendant's motion for a stay of injunction pending appeal in an Establishment Clause suit against the Speaker of the Indiana House of Representatives regarding opening prayers is affirmed where the Speaker was unable to demonstrate either a likelihood of success on the merits or an irreparable injury resulting from the injunction.

[03/01] Adell v. John Richards Homes Bldg. Co., L.L.C.
In a case involving a residential construction contract, an award of costs, attorneys' fees, compensatory damages and punitive damages following a determination that an involuntary bankruptcy petition filed by plaintiff against defendant-contractor was filed in bad faith is affirmed where there was no error in the bankruptcy court's award.

[02/22] N & P Partners, LLC v. Council of Unit Owners of Bayberry Woods Condo.
Compensation is ordered for defendant, a council of condominium owners, in a dispute between it and a developer as to whether, based on the original condominium documents, plaintiff needed permission from defendant to expand a condominium development, and how to value the consent plaintiff was required to obtain.

[02/08] Jackson v. Madric
Denial of defendant's motion for remittur or new trial despite arguments concerning jury instructions, medical testimony and the size of the jury award, and grant of plaintiff's motion for costs and pre-judgment interest.

[01/31] Friends of Old Dover v. City of Dover Planning Comm'n
Petition for the award of attorney's fees in a historical preservation action is denied because of res judicata, despite petitioner's arguments that bad faith and mootness created equitable and practical reasons that justified fee-shifting.

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