Bigler-Engler v. Breg, Inc. et al. D063556 Court Case Public Record

  • Details

    Case TitleBigler-Engler v. Breg, Inc. et al.
    Case NumberD063556
    Case TypeCV
    StateCalifornia, CA
    CountyAll Counties
    CourtAppellate Court
    Court Address4th Appellate District Division 1
    Field Date
    Close Date10/28/2016
  • Parties

    Marc O. Stern
    Law Office of Marc O. Stern, APC
    8070 La Jolla Shores Drive, #519
    La Jolla, CA 92037

    Jon R. Williams
    Williams Iagmin LLP
    666 State Street
    San Diego, CA 92101

    Virginia Bigler-Engler
    Plaintiff and Appellant
    Theodore J. Boutrous Jr.
    Gibson, Dunn & Crutcher
    333 South Grand Avenue
    Los Angeles, CA 90071

    Blaine Hill Evanson
    Gibson Dunn & Crutcher LLP
    333 S Grand Ave
    Los Angeles, CA 90071

    Daniel J. Thomasch
    Gibson, Dunn & Crutcher LLP
    200 Park Aven

    Breg, Inc.
    Defendant and Appellant
    Anthony C. Modarelli, III
    Law Offices of Adrienne D. Cohen
    1551 N. Tustin Avenue, Ste. 750
    Santa Ana, CA 92705

    Adrienne Dee Cohen
    Law Office of Adrienne D. Cohen
    1551 N. Tustin Avenue, Ste. 750
    Santa Ana, CA 92705

    Julie Rose Ursic
    Law Offices of Adrienne Cohen
    Joshua Curt Traver
    Cole Pedroza LLP
    2670 Mission Street, Ste. 200
    San Marino, CA 91108

    Clark R. Hudson
    Neil, Dymott, Frank, McFall & Trexler
    1010 Second Ave., Suite 2500
    San Diego, CA 92101-4959

    David Chao
    Defendant and Appellant
  • Docket (Register of Actions)
    Date Description Notes
    03/12/2013 Notice of appeal lodged/received. filed on February 28, 2013 by Breg, Inc.
    03/12/2013 Appellate package sent.
    03/14/2013 Received default notice 8.121(a) designation not filed. Dated: March 14, 2013
    03/15/2013 Notice of appeal lodged/received. 2nd appeal filed on March 14, 2013 by Oasis, MSO, Inc.
    03/15/2013 Appellate package sent.
    03/19/2013 Received copy of document filed in trial court. notice of clearing default
    03/19/2013 Appellant's notice designating record on appeal filed in trial court on: 3/11/13
    03/19/2013 Filing fee. 2nd appeal
    03/22/2013 Civil case information statement filed. Breg, Inc.
    03/27/2013 Default letter sent; no case information statement filed. as to Oasis
    04/09/2013 Civil case information statement filed. Oasis et al
    04/11/2013 Petition for writ of supersedeas filed. Request for Stay by Oasis MSO, Inc.
    04/17/2013 Order denying petition filed. The petition for writ of supersedeas and request for stay have been read and considered by Presiding Justice McConnell and Associate Justices Benke and Irion. The petition is denied.
    04/19/2013 Notice of appeal lodged/received. 3rd notice filed on March 21, 2013 by Chao
    04/19/2013 Appellate package sent.
    04/18/2013 Motion filed. Appellant Chao's motion to deem notice of appeal dated March 21, 2013 as takes from amended judgment, oppo. due 5/3/13
    04/18/2013 Certificate of interested entities and parties filed by: Defendant and Appellant: David Chao Attorney: Joshua Curt Traver
    04/19/2013 Filing fee. Chao (3rd appeal)
    04/29/2013 Civil case information statement filed. Chao 3rd appeal
    05/02/2013 Notice of appeal lodged/received. 4th notice of appeal filed on April 22, 2013 by Breg, Inc. (from amended judgment on special verdict, nunc pro tunc to 8/1/12).
    05/02/2013 Appellate package sent.
    05/02/2013 Received default notice 8.121(a) designation not filed. Dated: May 2, 2013
  • Disposition
    Description: Affirmed/part, rev/part, remanded w/direction
    Date: 10/28/2016
    Status: Final The judgment is reversed in part as to Engler's causes of action for strict liability design defect against Oasis, strict liability failure to warn against Oasis, intentional concealment against Breg, and intentional misrepresentation against Chao. The superior court is directed to enter judgment in favor of the relevant defendant on those claims. The judgment as to Engler's noneconomic compensatory damages as to all three defendants and punitive damages against Chao and Breg is also reversed. The superior court shall conduct a new trial on noneconomic compensatory damages as to all three defendants and punitive damages as to Chao only, unless Bigler-Engler consents to a reduction of the jury's noneconomic compensatory damages award to $1,300,000 and the jury's punitive damages award against Chao to $150,000. Bigler-Engler's consent must be in writing and filed with the clerk of the superior court and served on all parties within 30 days of the date this court's remittitur issues. If Bigler-Engler consents to both reductions, the superior court shall enter judgment consistent with this opinion. If Bigler-Engler consents to a reduction in noneconomic compensatory damages only, the superior court shall accept that consent, conduct a new trial on the issue of punitive damages against Chao, and conduct further proceedings consistent with this opinion. In all other respects, the judgment is affirmed. The parties shall bear their own costs on appeal.
    Publication Status: Signed Partial Published
    Author: Haller, Judith L.
    Participants: Irion, Joan K. (Concur) Benke, Patricia D. (Concur)
    Case Citation: none