Legal Opinion
Sarti v. Salt Creek Ltd.
California Court of Appeal
Decided October 27, 2008No. G037818PublishedCited by 34 opinions
1Opinion of the Court
Opinion
SILLS, P. J.
The trial judge in this case read Minder v. Cielito Lindo Restaurant (1977) 67 Cal.App.3d 1003 [136 Cal.Rptr. 915] (Minder) for the proposition that reasonable inferences are never, or hardly ever, available in food poisoning cases. Based entirely on the Minder opinion, he granted a judgment notwithstanding the verdict (often called a “jnov”) even though the judge himself made it clear he would have voted with the jury on the question of liability.
We can understand why the judge was so cautious, but we do not think that Minder, strictly construed, should be read to preclude…
2Cases cited21 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Sheldon Appel Co. v. Albert & OlikerCalifornia Supreme Court · 1989
- Cronin v. J.B.E. Olson Corp.California Supreme Court · 1972
- People v. WilliamsCalifornia Supreme Court · 1988
- Mitchell v. GonzalesCalifornia Supreme Court · 1991
16 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- People v. ManibusanCalifornia Supreme Court · 2013
- Miranda v. Bomel Construction Co.California Court of Appeal · 2010
- People v. McDonaldCalifornia Court of Appeal · 2013
- Copenbarger v. Morris Cerullo World Evangelism, Inc., California Court of Appeal, 5th District2018
- Traveler's Prop. Cas. Co. of Am. v. Actavis, Inc., California Court of Appeal, 5th District2017
29 more not listed; retrieve them via the Exa API.