Sunday, August 30, 2009

Famous Attorney in Residence

My husband is famous again! Here is the latest from his company newsletter! San Bernardino partner Lawrence Rookhuyzen received a defense verdict in June. After a two week trial, the jury returned the verdict in favor of our client Adelanto Springs Village LP dba Desert Springs Apts. The plaintiff slipped and fell on ice that formed overnight due to a broken sprinkler and fractured her leg in two places, requiring open reduction internal fixation surgery and the insertion of a rod. Plaintiff asked the jury for $350,000 and called 15 witnesses. The jury found that the apartment owner/management company were not on notice of the condition and therefore did not have a reasonable opportunity to remedy the problem. They also found that the icy condition was "open and obvious" and the plaintiff failed to take proper care and precaution to avoid injury. In another case last month, the Riverside Superior Court sustained Lawrence Rookhuyzen's Demurrer to Plaintiff's 4th Amended Complaint on the grounds of lack of subject matter jurisdiction based on Res Judicata and failure to state a cause of action for invasion of privacy. The case involved two brothers embroiled in a heated probate action involving their mother's large estate. Opposing counsel misrepresented to the judge that he had a "smoking gun" document which Mr. Rookhuyzen's client had illegally obtained, then altered and submitted in the probate case. When he failed to produce the document and/or amend his complaint, the court saw through his argument. Another big congratulations to Lawrence Rookhuyzen for his Motion for Summary Judgment victory. On 7/23/09 in the San Bernardino Superior Court case Flores et al. v Omnitrans, the judge granted our client's Motion for Terminating Sanctions against not one but three plaintiffs who were suing the public transit agency for personal injury damages. The court ordered their complaint stricken and the case dismissed with prejudice.