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Court Case Record Bigler-Engler v. Breg, Inc. et al. D063556 UID(886f)


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

Court Case Number: D063556


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

Parties

CounselNameType
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-EnglerPlaintiff 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 ChaoDefendant 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