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Category: Writs

Court of Appeal Rejects County’s Petition in Death of 16-Year Old Boy

The Court of Appeal has rejected a writ petition filed by the County of San Bernardino in a case involving a dangerous condition of property causing the death of a 16-year old boy.  Martin filed a response to the petition on behalf of the boy’s estate and his mother.

Judge in Class Action Against Visa and MasterCard Disqualified

On May 15, 2012, Martin obtained a rare order from the Court of Appeal directing a trial judge to grant a peremptory challenge and assign the case to a new judge after an earlier reversal on appeal.  In the prior appeal, Martin successfully represented an objector to a $31 million class action settlement against Visa and MasterCard.  On remand, the trial judge denied the objector’s peremptory challenge.  Martin filed an extraordinary writ petition in the Court of Appeal, which resulted in the order directing the lower court to assign the matter to a new judge.

Birth Control Patch Users Obtain Dismissal of Johnson & Johnson Writ

On June 6, 2011, Martin won a writ proceeding in the California Court of Appeal on behalf of three plaintiffs who sued Johnson & Johnson for blood clots caused by the Ortho Evra birth control patch.  Martin was retained to brief and argue the matter after the defendants filed a petition for writ of mandate and the Court of Appeal issued an alternative writ.  After full briefing and oral argument, the Court of Appeal discharged the alternative writ and summarily dismissed the defendants’ petition.