Plaintiff, JIM MANOS DRILLING AND PUMP, INC., a California corporation, a.k.a. MANOS PUMP SERVICE filed this action against Defendant, FELICITAS I. OCAMPO, after a failed attempt to drill a productive water well upon land titled in the name of FELICITAS I. OCAMPO (hereinafter Ms. Ocampo) in El Cajon in May 2015. After being presented with a bill for drilling services nearly double the written proposal accepted by Ms. Ocampo, and given that no written change order had been signed by Ms. Ocampo authorizing or agreeing to the expanded work, communications between the Plaintiff and Ms. Ocampo broke down resulting in the recording of a mechanical lien upon the property and a subsequent complaint to foreclose upon the property. The complaint was delivered by substitute service, as a result of mistake, inadvertence, surprise, excusable neglect by Ms. Ocampo, a default was entered against her in this action. Because of the compelling and upsetting facts surrounding that taking of the default, which she now timely moves this court for relief to permit the filing of her answer so that she may mount her defense and have the case decided on the merits, not by forfeit.…
From Sweethearts to Sour Tarts, Millionaire Matchmaker Sued The dating scene has changed dramatically over the course of a few years. With more people having access to the internet, online dating is no longer something the desperate or insecure; everybody is dating online. As more people date online, the need to weed out the bad apples from those people who are truly looking for love becomes obvious. When it comes to people who have money, they pay elite matchmakers to weed out the individuals who may not be compatible with them.…
Illinois has a modified comparative negligence structure in that the plaintiff’s claim is barred if the jury finds that the plaintiff’s comparative negligence is more than fifty percent. Instruction B45.01 of the Illinois Pattern Jury Instructions informs the jury of this rule of law and this has been shown to discourage juries from finding plaintiffs more than fifty percent at fault for their injuries. If the jury determines that plaintiff’s comparative negligence to be fifty percent or less, then the amount of the verdict is reduced by the same percentage as the plaintiff’s comparative negligence. Based upon the investigation that we have been able to complete to date, we believe that a jury will allocate the majority of liability against…
Question 1: A: True. Malice aforethought is “a planned killing motivated by spite” (Woolman, Homicide). Additionally, there is express malice. Express malice is the “defendant’s subjective intent to kill”, or more specifically their feelings or opinions (ChartaCourse). Hatred or the emotional equivalent is a person’s feelings or opinions and goes directly to subjective intent to kill.…
Video Response: Lawsuit- School Negligence Rose-Gaelle Labranche St. Thomas University Video Response: Lawsuit- School Negligence The situation that occurred in Hope Academy Charter School in Grand Rapids may leave the school liable regarding the rape of the 14-year-old student. This student suffers from emotional, mental and behavioral disorders; that is typically why she was enrolled in this school, as school personnel are trained to deal with such disorders. Although the student was acting up resulting to a suspension for the day, she should not have been released from the school campus without parental escort as stated in her records.…
McClanahan likely has an attorney negligence claim against Barrington because he did not base his advice on adequate knowledge or reasonable legal research. Attorneys are liable to their clients for negligent performance of their duties. Smith 356 Davis 886 Aloy 416. Attorneys should perform their duties with the “skill, prudence and diligence” of a lawyer of ordinary skill. Smith 356.…
As the owner of a commercial enterprise, there are several aspects of operating a business organization that one ought to be mindful of. With the traditional routines of running a business, the owner should even be knowledgeable of laws that pertain to the business as well as the effects they may have. The incident that occurred at Springfield Arms Apartments brings about queries on where the accountability lies, with the owner or the trespasser. The responsibility is weighted legally as damages incurred. However this matter is handled by the owner reflects the kind of business ethics Springfield Arms Apartments is overseen by.…
According to the laws about comparative negligence, you are able to seek damages from the other party in a car accident. Even if you were partially at fault, you are entitled to recover the percent of the damages that was not your fault. If you were 40 percent at fault for a $100,000 accident, you would be able to recover 60 percent, or $60,000, of the total amount. The “No-Fault” Laws in Florida…
Under California law, the first aspect that must be established in a negligence case is the existence of duty. The existence of duty depends on “foreseeability of risk.” If there is a foreseeable risk, then it becomes the duty of an individual to adhere to solving it. If the individual fails to resolve the issue, and someone is harmed, that individual could then held liable for the incident. (6 Witkin, Summary of Cal.…
“It is primarily the blameworthiness of parental non-action, however, that justifies recognition of a tort duty to protect minor children” (Johnson & Hargrove, p. 319). “For example, in Laser v. Wilson,28 the high court of Maryland found that the parents of a two year-old child, and not their hosts, who had invited the parents and their child to a family gathering, had the duty to protect the child from the obvious danger of an open stairwell. 29 In a Texas case, a trial court entered a tort verdict against a mother who had failed to protect her daughters from abuse by their father.30 In another passive-parent case, in Minnesota, "the mother of a 21-year-old woman who was molested by her father as a child [was] found jointly liable for part of a $2.4 million jury award against him" (Johnson & Hargrove, p.…
Negligence Requirements and Potential Defenses to Myra’s Claim Robyn Broadwater Kaplan University October 18, 2016 MEMORANDUM Date: October 18, 2016 To: Candie Cardigan, CEO, CARDWARE Inc. From: Robyn Broadwater Re: Negligence Requirements and Potential Defenses to Myra’s Claim ______________________________________________________________________________…
Issue The matters involved in the case facts is if Rebecca can sue Michelle for negligence based on tort law and Rebecca?s decision to accept the ride home even if she knows that Michelle was drunk to drive. Rule The court needs to prove that Michelle has a duty of care to Rebecca. Secondly, there needs to be a breach of this duty due to the negligent conduct of Michelle.…
Defects LLC is applicable provided that the shareholders and the company personality independent and separated from each other. If shareholders do not respect the company 's personality, contrary to the "separation principle", it could lead to abuse at any time and away from the original intention of the limited liability company 's legal system, to the detriment of the interests of creditors of the company and social welfare. The risk of abuse of limited liability that may occur at any time, in particular: Firstly, limited liability company has the potential to abuse the personality, in violation of the principle of separation of ownership and management rights dimension level, illegal manipulation of the minority shareholders in its individual…
A tort is a civil wrong that are done by one party against another or causes someone else to suffer loss or harm resulting for the person who commits the act. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are 4 elements to tort law which are duty, breach of duty, causation and injury.…
Introduction Negligence by definition can be described as an act of carelessness dictated by the law for the protection of other people against foreseeable risk of harm that may occur from the act. A person can be held responsible for negligence when they have acted carelessly outside of a reasonable man conduct. This assignment is designed with aims to explain the circumstances and elements of how a negligent may be established, the consequences of decisions using relevant cases to highlight the importance of the negligent and its elements. There are 3 elements of negligence that has to be observed when one is to decide whether a negligent has occurred and they are: i. A duty of care is owed ii.…