At the close of Schreiber’s case, Lee moved for nonsuit on the ground her claims against him were based on a patent construction defect and therefore barred by the statute of repose set forth in Code of Civil Procedure section 337.1. The trial court denied the motion, and the jury thereafter awarded Schreiber damages totaling just over $2.6 million. The jury also apportioned fault, allocating 12 percent to Schreiber,
54 percent to Lee, 16 percent to Golden Prosperities, and 18 percent collectively to the Lee children (allocations Schreiber does not challenge on appeal). After reducing the verdict to reflect Schreiber’s percentage of fault, the trial court offset the entirety of the economic damages by the amount of the settlement attributable to such damages. However, it denied any credit to Lee and Golden Prosperities as to the noneconomic damages and entered judgment against Lee for $756,000 and against Golden Prosperities for $224,000. Lee and Golden Prosperities make numerous claims of error during trial, and also claim they are entitled to a full settlement credit as to noneconomic damages.
The California Court of Appeal affirmed in all respects except as to the settlement credit, concluding Golden Prosperities, but not Lee, is entitled to a credit against both economic and noneconomic damages. The California Court of Appeal published the discussion of the settlement credit issue given the somewhat unusual circumstances, namely that the Lee children were not only found independently negligent but also bore imputed liability for Golden Prosperities’ negligence.
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Robert Rodriguez has litigated well over 100 family law cases and civil litigation matters, including jury trials, and including personal injury motor vehicle cases, dog bite and slip & fall cases, breach of contract, defamation & invasion of privacy, fraud, unfair business practice, malicious prosecution, workplace and employment matters including sexual harassment, wrongful termination, wage & hour violations, discrimination pursuant to the FEHA, Gov’t Code §§ 12940 et seq., violations of the FMLA & Pregnancy Leave, Civil Rights discrimination pursuant to 42 U.S.C. § 1983 and Title VII of the 1964 Civil Rights Act in the State of California and California federal district courts.
* Disclaimer – Robert Rodriguez is licensed to practice only in the State of California & this analysis is applied only under State of California law. Robert Rodriguez is also admitted to practice in the U.S. District Courts, Central, Northern & Eastern Districts of California. No guarantees represented.
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