Superior Court of Santa Clara County
Procedural Posture
Appellants, relatives of the deceased, challenged orders of the Superior Court of Santa Clara County (California), sustaining the demurrer's of respondents, county and mortuary, and dismissing appellants' cause of action for negligence with prejudice.
Overview
Respondent county released the wrong body to respondent mortuary and the body was interred in spite of the protests of appellants, relatives of the deceased. Appellants sued for negligence and alleged the respondents' actions coupled with their callous treatment of appellants, caused great emotional disturbance. The court held that the proper test for analyzing the extent of respondents' duty was based on foreseeability of injury. In so holding, the court found that respondents knew or reasonably should have known that the surviving friends and relatives were emotionally vulnerable and that their actions in ridiculing them would likely cause injury. Although the court found a duty, the court declined to extend the right to recover to a large class of plaintiffs. The court held that only close family members could recover damages for negligent handling of a corpse. The court reversed the judgment on the pleadings favoring respondents as to the claim of negligent mishandling of a corpse and required the trial court to permit appellants to have an opportunity to amend their pleadings to show that it was foreseeable that respondents' actions would cause them damage.
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The court reversed the judgment dismissing with prejudice the claim of appellants, relatives of the deceased, for negligent handling of a corpse and remanded with leave to amend the pleadings because respondents, county and mortuary, had a duty to the surviving relatives and appellants should be afforded the opportunity to show that it was foreseeable that respondents' actions would cause them damage.
Procedural Posture
Appellant, a condominium owners association, sought to intervene in a construction defect action between respondents, a homeowners association and a developer, on the ground that it had an interest in subject property, common facilities that were jointly used and maintained by the two associations. The Superior Court of Santa Clara County, California, denied the motion for leave to intervene, and appellant sought review.
Overview
The reviewing court held that appellant was not entitled to mandatory intervention under Code Civ. Proc., § 387, subd. (b), because it did not show that the disposition of the action in its absence would impair its ability to protect that interest. Its interest in the repair of joint common facilities arose from a joint use and maintenance agreement between the associations, which obligated appellant to fund 48 percent of repair and maintenance costs for the joint common facilities and the other association to fund 52 percent. The respective obligations were therefore independent of the issues in the construction defect action. Moreover, a judgment in the construction defect action would have had no effect on appellant's ability to protect its interest. The status of appellant as a joint obligor on the agreement did not entitle it to joinder as an indispensable party because the underlying action was not brought to enforce that joint liability. Finally, the motion for leave to intervene failed to satisfy two requirements for discretionary intervention under § 387, subdivision (a): that there be direct interest in the litigation and that intervention not enlarge the issues.
Outcome
The court affirmed the order denying the motion for leave to intervene.
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Plaintiff buyer appealed a judgment
Procedural Posture
Plaintiff buyer appealed a judgment from the Superior Court of Los Angeles County (California), which found in his favor in a breach of contract action against defendant seller but limited the buyer's award of damages. The trial court also denied the buyer's motion for a new trial.
Overview: civil code 3344
The seller agreed to furnish the buyer with a lathe of certain specifications. The buyer paid a down payment on the purchase price and agreed to pay up to a certain freight rate. Because the lathe shipped was of a lesser length than called for in the contract, the buyer filed a breach of contract action. The trial court found in the buyer's favor but only awarded him the down payment and the freight charges specified in the contract. The buyer then filed a motion for a new trial based on surprise, which was denied. On appeal by the buyer, the court affirmed. The court held that the buyer was only entitled to the freight charges as specified in the contract because that was the amount he actually paid to return the lathe to the seller. Also, pursuant to Cal. Code Civ. Proc. § 3308, the buyer was only entitled to recover the down payment as damages. There was no showing of an excess value to the buyer over the amount that would have been due to the seller under the contract. Further, the buyer was not entitled to a new trial based on surprise. Evidence of the price of a lathe of the same size did not in the remotest degree tend to prove an equivalent article.
Outcome
The court affirmed the judgment and the order.
Appellant sisters sought review
Procedural Posture
Appellant sisters sought review of the judgment of the Superior Court of Los Angeles County (California), which found in favor of respondent caregiver in the sisters' suit to cancel their deed giving the caregiver one-half interest in the sisters' real property.
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The sisters promised their caretaker that they would convey to her an undivided one-half interest in their real estate so long as the caregiver would take care of the sisters until they were well enough to take care of themselves. The caregiver was to manage the real estate. The caregiver kept her promise and cared for the sisters and maintained the real estate. The court affirmed the judgment that the grant was valid. The court found that where a grantor accepted the verbal promise of a grantee for support without any agreement or understanding that the failure to do the acts as promised should be a condition, or in any way affect the validity of the deed, or entitle her to a reconveyance, in the absence of fraud, the grantor had no right to rescind or to have the deed set aside, but her only remedy for breach of the grantee's personal covenant was an action for damages. The court held that the caregiver's nursing and care of the sisters and her management of the real property was consideration for the grant to her of an undivided one-half interest therein, and the money she furnished for food, clothing, light, and water was part of the consideration for such grant.
Outcome
The court modified and affirmed the judgment against the sisters in their action to cancel a deed granting an interest to the caregiver.
Plaintiff employee appealed the order
Procedural Posture
Plaintiff employee appealed the order of the Superior Court of Los Angeles County (California), which granted a new trial to defendant employer alleging breach of contract and racial discrimination.
Overview: pros and cons of a joint venture
Plaintiff employee filed a complaint against defendant employer for racial discrimination and breach of contract. The trial court ordered a mistrial on the discrimination claim and entered an interlocutory judgment granting damages to plaintiff on the contract claim. The trial court later granted defendant's motions for judgment not withstanding the verdict and for a new trial on the breach of contract claim. The court reversed its prior decision, which held that the order granting a new trial on the contract cause of action was expressly appealable pursuant to Cal. Civ. Proc. Code § 904.1, even though plaintiff's discrimination claim had not been retried. The court dismissed the appeal because there was no final judgment in the action under Cal. Civ. Proc. Code § 656 and no aggrieved party under Cal. Civ. Proc. Code § 657. The court held that the grant of a new trial, as to certain issues before there had been a final determination of all causes of action and issues in the case was ineffectual, premature, and not appealable under § 904.1. The court declined to treat plaintiff's appeal as a petition for a writ of mandate for the sake of judicial economy.
Outcome
The court dismissed plaintiff employee's appeal as premature because there was no final judgment to review and no aggrieved party. The court held that the order granting a new trial to defendant employer was ineffectual because there had been no final determination of all the issues in plaintiff's lawsuit.
Superior Court of Stanislaus County
Procedural Posture
Plaintiff, a bean growers' association, appealed from a judgment entered by the Superior Court of Stanislaus County (California) in favor of defendant, a member, in the association's action to recover liquidated damages and attorney's fees for an alleged breach of contract.
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The member agreed to deliver to the association all of the beans he produced. The association was to act as his agent in marketing the beans. The contract provided for liquidated damages in case the member failed to deliver his crop. It also provided for attorney's fees. The association filed an action against the member alleging that he failed to deliver his bean crop. The trial court entered judgment in favor of the member. On appeal, the cause was submitted by stipulation of the parties upon the association's brief, because there was no appearance by the member. Thus, all of the evidence bearing upon the trial court's findings was that submitted by the association. The court held that (1) the contract for liquidated damages was valid and enforceable and fell within Cal. Civ. Code § 1671 because it was impracticable or extremely difficult to fix the actual damage, (2) because the findings of the trial court were contrary to the evidence submitted by stipulation, the court amended all of the trial court's findings to conform to the evidence, and (3) based on the proper findings drawn from the evidence, judgment was for the association.
Outcome
The court reversed the trial court's judgment and directed the trial court to enter judgment in favor of the association against the member in accordance with the court's findings and conclusions of law.
