http://law2.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm Over recent decades, the Supreme Court has developed a three-tiered approach to analysis under the Equal Protection Clause. Most classifications, as the Railway Express and Kotch cases illustrate, are subject only to rational basis review. Railway Express upholds a New York City ordinance prohibiting advertising on commercial vehicles--unless the advertisement concerns the vehicle owner's own business. The ordinance, aimed at reducing distractions to drivers, was underinclusive (it applied to some, but not all, distracting vehicles), but the Court said the classification was rationally related to a legitimate end.
STATE FARM MUT. AUTOMOBILE INS. CO.V. CAMPBELL http://www.law.cornell.edu/supct/html/01-1289.ZS.htmlHeld: A punitive damages award of $145 million, where full compensatory damages are $1 million, is excessive and violates the Due Process Clause of the Fourteenth Amendment. Pp. 5—19. (a) Compensatory damages are intended to redress a plaintiff’s concrete loss, while punitive damages are aimed at the different purposes of deterrence and retribution. The Due Process Clause prohibits the imposition of grossly excessive or arbitrary punishments on a tortfeaser. E.g., Cooper Industries, Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424, 433. Punitive damages awards serve the same purpose as criminal penalties.
It must be the initial a response to a pleading.If you are bringing a motion to strike a complaint, the motion cannot be brought after an answer or demurrer is filed, however, the motion may be brought concurrently with a demurrer.
2Check the local local rules.Some Courts may still have extra "guidelines" regarding law and motion practice in general or motions to strike in particular. 3The motion must be made within specified time periods.For a motion to strike a complaint this time period is 30 days unless you obtain an agreement to extend from opposing counsel. (C.C.P. ? 435(b)). Therefore, if you are bringing a motion to strike a complaint, it must be brought when your answer would otherwise be due. Because of this requirement, if you wish to obtain an extension of time to respond to a complaint make sure you use the word "respond" in your confirming letter and not "answer." If you are bringing a motion to strike an answer, you must file your motion within ten days. (C.C.P. ? 435(b), CRC 329). If you are bringing a motion to strike a demurrer it must be filed within nine court days before the hearing on the demurrer and must be set for hearing concurrently with the demurrer. (C.C.P. ? 435(b), 1005). 4Make sure the motion is based on proper grounds.The motion may be brought only to strike for the following reasons: a. To strike "irrelevant, false or improper matter inserted in any pleading" b. To strike a pleading or part of a pleading "not drawn or filed in conformity with the laws of this state, a court rule or order of court." (C.C.P. ? 436). This includes striking an unverified answer to a verified complaint. c. If the case is a limited civil case, motions to strike are only permitted only to strike damages or relief sought that are not supported by the allegations of the complaint. (C.C.P. ? 92(d)(e)). 5Check the timing of the hearing.Additional days should be added depending on the method of service. (See C.C.P. ? 1005). If the motion is set concurrently with a demurrer, the date set for hearing cannot be more than 35 days from filing or the first available court date thereafter. (CRC 325(b)). 6Double Check the Notice of Motion.The Notice of Motion must set forth exactly what the moving party seeks to strike. If you wish to strike the entire pleading, say so. If you wish to strike a particular numbered paragraph, clearly identify the paragraph. If the potion sought to be stricken is only a sentence or part of the pleading, the exact language must be quoted verbatim in the notice of motion preferably with a reference to the page and line numbers. Not a dangerous condition
Now consider a person who enters leased nonresidential property and wants to look inside the building . Next to the building, below a window, stands a vat of acid maintained by the business authorized to operate on the leased premises. The vat is covered with plywood for the purpose of keeping out dirt and dust . In order to see through the window, the person climbs up and steps onto the plywood cover which immediately collapses. The person falls into the vat, suffering injuries. The injured person attempts to recover money from the landlord for losses resulting from his injury. Here, the landlord is not liable for the person’s injuries since the vat is not a dangerous condition that presents a risk of harm. The vat of acid is an integral part of the business run on the leased premises and is not a danger to any person who conducts himself with care around the vat. Thus, the injured person undertook the risk of harm to himself by climbing on top of the vat and creating the dangerous situation leading to his injuries. [Bisetti v . United Refrigeration Corp. (1985) 174 CA3d 643] When the injured person’s lack of care for himself contributes to his injury, recovery for his losses is limited to the percentage of the negligence attributed to him, called comparative negligence. The money losses recoverable by the injured person will be diminished in proportion to the percent of negligence attributable to the injured person for causing his own harm by failing to care for himself. [Li v . Yellow Cab Company of California (1975) 13 C3d 804]
journal of firsttuesday got the answer....
ask me...and I will forward you What is the difference between Chapter 7 and Chapter 13 bankruptcy?In Chapter 7 bankruptcy, you ask the bankruptcy court to discharge most of the debts you owe. In exchange for this discharge, the bankruptcy trustee can take any property you own that is not exempt from collection (see below), sell it, and distribute the proceeds to your creditors. For more information on Chapter 7, see A Chapter 7 Bankruptcy Overview .
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