SAVOIE , Judge . In this auto accident case, Plaintiff Brett Reed ("Reed") appeals a summary judgment dismissal of his claims against Richards Logging, LLC ("Richards Logging") and its insurer FCCI Insurance Company ("FCCI"). The trial court found that the defendant-driver, George Ross ("Ross"), was not an employee of Richards Logging at the time of the accident and therefore neither Richards Logging, nor its insurer, are liable for any negligence on the part of George Ross. For the...
NOT DESIGNATED FOR PUBLICATION HOLDRIDGE , J. Defendant, Benjamin James Robinson, seeks review of a judgment that denied his peremptory exceptions raising the objections of prescription and peremption and recognized Ronald Wayne Grace, Jr. and Rashad Wayne Grace as the heirs of his father, Hurd Lenord Robinson. Further, we review Benjamin's dilatory exception raising the objection of unauthorized use of a summary proceeding. For the following reasons, we convert the appeal to an...
MOORE , J. Tauren Exploration Inc., the principal lessee, appeals a summary judgment that ordered it to pay Gloria's Ranch LLC, the mineral lessor, two-thirds of the damages, penalties and attorney fees for breach of a mineral lease. The case is on remand from the Louisiana Supreme Court to consider all the lessees' virile share liability. Gloria's Ranch LLC v. Tauren Expl. Inc., 2017-1518 (La. 9/7/18), 251 So.3d 392 (on rehearing). For the reasons expressed, we affirm. BACKGROUND...
WINDHORST , J. In this personal injury lawsuit where defendant stipulated to liability, the trial court awarded plaintiff medical expenses and general damages. Plaintiff/appellant, Gregory Jackson, appeals the trial court's award of $2,590.20 in medical expenses and $2,500.00 in general damages as abusively low for injuries caused by an automobile accident. For the following reasons, we amend the trial court's award of special damages and award plaintiff $5,359.20 for his past medical...
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. FEUER , J. The tenants of a 23-unit apartment building (Tenants) appeal from a judgment entered following a jury trial in their negligence action...
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. OPINION THE COURT * INTRODUCTION Appellant Edmundo Lopez pled no contest in 1995 to one felony count of violating Penal Code 1 section 422,...
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. OPINION DUNNING , J. * INTRODUCTION El-Yorba Linda, LLC (El-Yorba Linda) proposed to build a multi-unit housing development on property it owned in...