Procedural Posture

Plaintiffs, brother and sister of decedent, challenged the judgment of the Superior Court of Los Angeles County (California) that granted summary judgment in favor of defendant mortuary in an action for negligently conducting the funeral service by wrongfully substituting the body of another in place of decedent.

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Overview

Defendant mortuary was granted summary judgment against plaintiffs, brother and sister of decedent, in a negligence action based on defendant's substitution of the wrong body at decedent's funeral. The court affirmed, finding that because there was no allegation of a contractual relationship, defendant owed no contractual duty to plaintiffs to properly conduct the funeral service, whereas an action by plaintiffs' brother, who contracted to pay for funeral services, was allowed. The court held that plaintiffs were owed no legal duty by defendant under tort law either because any right or duty to control the disposition of the body lied with decedent's surviving husband, then her surviving parents and children, before coming to them. The court found that, even if a negligence action was proper, the complaint did not state a cause of action based upon malice in fact, for which plaintiffs would have been entitled to exemplary damages under Cal. Civ. Code § 3294, because the allegation of wanton and wilful conduct was merely conclusory.

Outcome

The order awarding summary judgment against plaintiffs, brother and sister of decedent, in an action against defendant mortuary for negligently conducting the funeral service by wrongfully substituting the body of another in place of decedent was affirmed upon a finding that plaintiffs alleged nothing from which to determine that defendant owed them a contractual duty or legal duty in tort.

Procedural Posture

Appellant sought review of an order from the Superior Court of Orange County (California) finding that she had committed fraud on her husband in connection with their marriage and imposing a constructive trust on appellant's interest in joint property. Appellant sought review of that decision and the denial of her motion to tax certain costs.

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Overview

Appellant sought divorce from respondent. Respondent filed a separate civil lawsuit alleging fraud. Respondent's complaint alleged that appellant had never loved him but had represented to him that she did in order to induce him to marry her and transfer property. The jury found that appellant had indeed made a false representation as to a past or existing material fact, and awarded damages suffered by respondent in reliance on the truth of that representation. The jury next found that appellant owed a duty of trust and confidence to respondent to hold the property for the plaintiff and his children. They determined she breached that duty by failing to convey the property upon request. The court entered judgment in accordance with the jury findings and denied appellant's motion to tax certain costs. The court concluded that the trial court erred in not dismissing respondent's complaint, most of which was substantively for breach of promise and precluded by the California anti-heart-balm statute, Cal. Civ. Code § 43.5. Any arguable claims left to be determined was beyond the jurisdiction of the civil court in light of the ongoing family law action.

Outcome

The court reversed the trial court's judgment with directions to enter judgment in favor of appellant wife reversed the order denying expert witness fees, and ordered respondent husband to pay the attorney fees of appellant.

Procedural Posture

Plaintiff brought a personal injury action against defendants, a city and a worker under contract with the city, after suffering injuries when his motorcycle collided with a dump truck owned and operated by the worker. A jury of the Superior Court of Los Angeles County (California) returned a verdict for plaintiff after finding, inter alia, that the worker negligently caused the accident and that he was a city employee. Defendants appealed.

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Overview

The court held that the trial court erred by misinstructing the jury about the factors relevant to determining whether the worker was an employee or an independent contractor. The trial court's instruction precisely tracked the language of CACI No. 3704. However, CACI No. 3704 did not correctly state the law because it instructed a jury that the right of control, by itself, was dispositive. Moreover, the trial court erred by allowing the jury to find that the work in which the worker was engaged involved a peculiar risk of harm and by instructing the jury that the city was the motor carrier as a matter of law. Substantial evidence did not support the jury's finding that defects in the dump truck's brakes were a proximate cause of the accident. Although the trial court erred in admitting evidence that the worker's motor carrier permit had been suspended, the error did not result in a miscarriage of justice. Finally, the trial court did not err in admitting percipient witness opinion testimony. The "opinion" that plaintiff's counsel elicited from an eyewitness to the accident was an impression or sensation that was not susceptible of exact reproduction or description in words.

Outcome

The court affirmed the jury's liability finding as to the worker, but reversed it as to the city and remanded the matter for a limited retrial on vicarious liability. The court also affirmed the jury's findings that plaintiff was not contributorily negligent and that plaintiff's damages were $ 15,735,404.

Improve Your Football Skills

Practice a Lot

There is a reason people say that practice makes perfect. Among the easiest methods to boost your skill set is to just devote more time to enjoying. Set aside a particular quantity of time every day per week to exercise. By creating and sticking to a program , you will realize your abilities begin to improve.

Focus on Your Diet

If it comes to your diet plan, you would like to fuel your work out without slowing down yourself. Start day using a mix of healthy protein and carbs. For instance, brown toast with almond disperse is a fantastic option that will keep you complete and Simmer before your next meal. Lunch needs to be a meal which is made up of a lean protein, vegetable, plus a gradually digesting carbohydrate. For instance, baked chicken with no skin paired with broccoli and brown rice is a fantastic option. Follow this with a low-fat tomatoes and yogurt for a satisfying treat.

Improve the Essential Skills

Although you wish to pay attention to your training generally, some skills are more crucial to match play compared to others. There are four main skills which you wish to work on enhancing juggling, trapping, dribbling, and passing. These are skills which you could work on your own but it could be valuable to have a partner or coach too.

Train with a Trainer

If you truly wish to bring your game to another level, then enlisting the assistance of a professional is an excellent alternative. Training with a professional coach or professional footballers are able to make a difference. Unsure of where it is possible to locate this individual? Soccer forums or training websites are a terrific way to begin. If you discover someone that you wish to utilize then think about looking them up on social networking. If you are looking for  please visit our site. 

Communicate with People

There is just so much you could learn by yourself. You are often likely to perform better when you've got a community of individuals who share your passions and interests. You are able to use the very same forums and internet websites to locate individuals who Share the very same interests. Trade instruction tips, diet suggestions, along with other general details. You may learn a whole lot from those that are working on enhancing their abilities.

Don't Skip the Gym

If you would like to increase your general fitness level, then you are likely going to do more than simply play the sport. Being a member of a fitness center is an excellent way to enhance your fitness with time. From focusing on cardio to strengthening exercises , you can concentrate on particular places. You may work with a coach in the fitness center or create your workout to obtain your exercise objectives.

Prevent Injuries

It is not sufficient to only play the sport, you also must prevent injuries from developing. If you are practicing or playing, always be certain you're wearing the proper protective equipment. It is also not advisable to concentrate on flexibility along with your warm -up. Even only five minutes of heating up can help prevent accidents. Stretch your joints out to help enhance flexibility. Even when you're not now quite elastic, you can enhance this over time that will cause fewer injuries with time.