Lane v. Hughes Aircraft Co. (2000), 22 Cal.4th 1152a
[No Change in Judgment]
JEFFREY LANE, Plaintiffs and Appellants, v. HUGHES AIRCRAFT COMPANY, Defendant and Respondent.
DAVID VILLALPANDO, Plaintiff and Appellant, v. HUGHES AIRCRAFT COMPANY, Defendant and Respondent.
[Modification of Opinion (22 Cal.4th 405).]
THE COURT.- The court's opinion, filed March 6, 2000 (Lane v. Hughes Aircraft Co. (2000) 22 Cal.4th 405), is modified as follows:
On page 412, in the last sentence of the second full paragraph, delete the word "some" and replace it with the word "substantial."
On page 413, in the first complete sentence of the first partial paragraph, add the phrase "under section 657" after the word "that."
This modification does not effect a change in the judgment.
Petition for review after the Court of Appeal reversed a judgment notwithstanding the verdict in a civil case. This case includes issues concerning the standards for appellate review of judgments notwithstanding the verdict and orders grant motions for new trial.
Opinion Information
| Date: | Citation: | Docket Number: | Category: | Status: |
| Wed, 05/10/2000 | 22 Cal.4th 1152 | S059064 | Review - Civil Appeal | closed; remittitur issued |
Parties
| 1 | Hughes Aircraft Company (Respondent) Represented by Paul Grossman Paul, Hastings, Janofsky & Walker 555 S. Flower Street, 23rd Floor Los Angeles, CA |
| 2 | Lane, Jeffrey (Appellant) Represented by Evan D. Marshall Law Offices Of Ian Herzog 233 Wilshire Boulevard Suite 550 Santa Monica, CA |
| 3 | Chamber Of Commerce Of The United States (Amicus curiae) National Chamber Litigation Center, Inc. 1516 "H" Street, N.W. Washington, DC 20062 Represented by Donald M. Falk Mayer, Brown & Platt 2000 Pennsylvania Ane Nw Suite 6500 Washington, DC |
| 4 | Naacp Legal Defense & Education Fund, Inc. (Amicus curiae) Represented by Darci E. Burrell Naacp Legal Defense And Educational Fund 315 W. 9th Street #208 Los Angeles, CA |
| 5 | Aclu Foundation Of Southern California, Inc. (Amicus curiae) Represented by David S. Schwartz A C L U Foundation Of Southern California 1616 Beverly Boulevard Los Angeles, CA |
| 6 | Washington Legal Foundation (Amicus curiae) attn: Paul D. Kamenar 2009 Massachusetts Avenue, N.W. Washington, DC 20036 Represented by Susan W. Liebeler P.O. Box 4362 P.O. Box 4362 Malibu, CA |
| 7 | Association For California Tort Reform (Amicus curiae) Represented by Fred James Hiestand The Senator Office Bldg. 1121 "L" Street #404 Sacramento, CA |
| 8 | Consumer Attorneys Of California (Amicus curiae) Represented by Roland Wrinkle Grassini & Wrinkle 20750 Ventura Blvd. Suite 221 Woodland Hills, CA |
| 9 | California Employment Law Council (Amicus curiae) Represented by James N. Adler Irell & Manella Llp 1800 Avenue Of The Stars Suite 900 Los Angeles, CA |
| 10 | Employers Group (Amicus curiae) |
| 11 | California Employment Lawyers Association (Amicus curiae) Represented by William C. Quackenbush Quackenbush & Quackenbush 1700 S. El Camino Real Suite 408 San Mateo, CA |
| 12 | Villalpando, David (Appellant) |
| Disposition | |
| Mar 19 1997 | Granted & Transferred to CA 2/7 |
| Dockets | |
| Feb 13 1997 | Petition for review filed Resp Hughes Aircraft Co. Record requested. |
| Feb 18 1997 | Received: C/A Record B090258 one Doghouse |
| Feb 25 1997 | Received letter from: Respondent Hughes Aircraft Company |
| Mar 5 1997 | Telephone conversation with: Pat (L.A. Office) Supplemental Records requested |
| Mar 5 1997 | Answer to petition for review filed Aplnt Jeffrey Lane, David Villalpando |
| Mar 7 1997 | Received: Add'l Record: B090258 - Five Doghouses (Vols 2-6) |
| Mar 14 1997 | Received letter from: Appelant J. Lane (Responding to letters supporting Respondents) |
| Mar 14 1997 | Received letter from: Applnts Lane & Villalpando [Responding to letter supporting Employers Grp] |
| Mar 17 1997 | Reply to answer to petition filed Resp Hughes Aircraft Co. |
| Mar 19 1997 | Petition for review granted; transferred to CA 2/7 w/directions to vacate its decision & reconsider in light of Neal v. Farmers Insurance Exchange (1978) 21 Cal.3d 910, 932-933 and Jones v. Citrus Motors Ontario, Inc. (1973) 8 Cal.3d 706, 710-711. Votes: George C.J., Kennard, Baxter, Chin & Brown JJ. |
| Mar 19 1997 | Note: Returned Record to CA 2/7 |
| Sep 4 1997 | - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - |
| Sep 5 1997 | Petition for review filed Appellants Jeffrey Lane and David Villapando Record requested |
| Sep 23 1997 | Received: C/A Record-Doghouses #1 & 1a (of 6) |
| Sep 25 1997 | Answer to petition for review filed Aplt Lane Et Al |
| Oct 3 1997 | Reply to answer to petition filed Resp Hughes Aircraft Company |
| Oct 14 1997 | Received letter from: Respondent Hughes Aircraft Company |
| Oct 16 1997 | Received letter from: Appellant J.Lane [Opposing] |
| Oct 23 1997 | Time Extended to grant or deny Petition for Review To December 4, 1997 |
| Nov 12 1997 | Petition for Review Granted (civil case) Votes: George C.J., Kennard, Baxter, Werdegar, Chin & Brown JJ. |
| Nov 21 1997 | Note: (Ordered Remainder of C/A Record) received 11-25-97: 11 Vol of Appendix in Lieu of Clerk's Trnsc, 9 Vol of Reporter's Trnsc |
| Nov 24 1997 | Application for Extension of Time filed Opening Brf/merits to 1-12-98 Respondent Hughes Aircraft Company |
| Dec 2 1997 | Extension of Time application Granted To and Including 1/12/98 To file Respondent's Opening brief on the merits. |
| Jan 12 1998 | Received: Opening Brf/merits--Oversize w/Application Respondent Hughes Aircraft Company (Nat) |
| Jan 16 1998 | Opening brief on the merits filed Respondent Hughes Aircraft Company/Opening with permission (Oversized) |
| Feb 4 1998 | Permission to file amicus curiae brief granted Chamber of Commerce of the United States in support of Respondent. answer Due 2/24/98 |
| Feb 4 1998 | Amicus Curiae Brief filed by: Chamber of Commerce of the United States in support of Respondent. answer Due 2/24/98 |
| Feb 6 1998 | Application for Extension of Time filed To file Aplnt'S/answer brief [J. Lane Etal] Faxed copy To S.F. |
| Feb 11 1998 | Extension of Time application Granted To and Including 3/16/98 To file Applt's answer brief on the merits. |
| Feb 24 1998 | Response to Amicus Curiae Brief filed by: Appellants Jeffrey Lane, Etal to AC brief of Chamber of Commerce of the U.S. |
| Mar 5 1998 | Application for Extension of Time filed Answer Brf/merits to 3-31 Appellants Jeffrey Lane and David Villalpando Faxed to SF [ Rg ] Ok: Order Being Prepared |
| Mar 5 1998 | Application filed to: Increase page Limitation on answer Brf/merits Appellants Jeffrey Lane and David Villalpando Faxed to SF [ Rg ] Ok: Order Being Prepared |
| Mar 10 1998 | Extension of Time application Granted Applt granted to and Including 3-31-98 to file brief on the merits. |
| Mar 31 1998 | Answer brief on the merits filed Aplt Lane and Villalpando |
| Mar 31 1998 | Filed: Aplt's Application for Leave to file Exhibts Etc. |
| Apr 15 1998 | Application for Extension of Time filed Reply brief to 5-20 Respondents Hughes Aircraft Faxed SF (Ok to May 20 - Order in Prep) |
| Apr 20 1998 | Extension of Time application Granted To May 20, 1998, To file Respondent's reply brief on the merits |
| Apr 29 1998 | Received application to file Amicus Curiae Brief Naacp Legal Defense and Educational Fund, Inc supporting Appellants Jeffrey Land & Villalpando [Application and brief Separate] |
| May 6 1998 | Permission to file amicus curiae brief granted Of Naacp Legal Defense and Educational Fund, Inc, in support Of Applts |
| May 6 1998 | Amicus Curiae Brief filed by: Naacp Legal Defense and Educational Fund, Inc, in support of Applts. answer Due: May 26, 1998 |
| May 6 1998 | Received application to file Amicus Curiae Brief ACLU Foundation Southern California App & Brf Separate [for Appellants Jeff Lane and D. Villalpando] |
| May 8 1998 | Application for Extension of Time filed Reply Brf/merits to 6-4-98 Respondent Hughes Aircraft Company (granted 5/12, Order Being Prepared) |
| May 12 1998 | Extension of Time application Granted To and Including 6/4/98 To file Respondent's reply brief on the merits. |
| May 12 1998 | Permission to file amicus curiae brief granted In support of Appellants by the A C L U Foundation of Southern California. answer Due 6/1/98. |
| May 12 1998 | Amicus Curiae Brief filed by: A C L U Foundation of Southern California in Sup- Port of Appellants. answer Due: 6/1/98. |
| May 19 1998 | Application for Extension of Time filed Response to AC brief of ACLU Foundation of Southern California to 6-16-98 Respondent Hughes Aircraft Company-Granted-[Rg] |
| May 19 1998 | Application for Extension of Time filed Response to AC brief of Naacp Legal Defense & Education Fund, Inc. to 6-10-98 Respondent Hughes Aircraft Company- Granted-[Rg] |
| Jun 3 1998 | Extension of Time application Granted For Resp.[ Hughes] to file the answer to the Amicus Curiae brief of ACLU Foundation of So. Calif. to and Including June 16, 1998 |
| Jun 3 1998 | Extension of Time application Granted For Resp.[ Hughes] to file the answer to the Amicus Curiae brief of Naacp Legal Defense and Ed. Fund to and Including June 10, 1998 |
| Jun 4 1998 | Application filed to: File reply brief on the merits in Excess of page Limit .Respondent [ Hughes ] |
| Jun 10 1998 | Response to Amicus Curiae Brief filed by: Respondent Hughes Aircraft Company to AC brief of Naacp Legal Defense & Educational Fund, Inc. |
| Jun 11 1998 | Note: Permission to file reply brief/merits in Excess of the page Limit denied. Counsel w/Resubmit reply brief/merits by June 17, 1998 |
| Jun 16 1998 | Response to Amicus Curiae Brief filed by: Resp Hughes Aircraft to AC brief of ACLU Foundation of So. Calif. |
| Jun 17 1998 | Reply brief filed (case fully briefed) by respondent Hughes Aircraft Company |
| Jul 15 1998 | Received application to file Amicus Curiae Brief W/brief Cal Employment Lawyers Asn in support of Apps. (Aty Quackenbush'S) [Okay to Re-do and Consolidate as one brief with Aty Posner'S] |
| Jul 15 1998 | Received application to file Amicus Curiae Brief Washington Legal Foundation in support of Resp (Hughes) Application & brief Under Seperate Cover Ok/Grt |
| Jul 17 1998 | Application for Extension of Time filed Amicus Assn Cal Tort Reform to 7/27/98 to file its Amicus brief in support of Resp. [Okay - Order in Prep] |
| Jul 17 1998 | Received application to file Amicus Curiae Brief W/brief Cal Employment Lawyers Assn [Aty Posner'S] Tct/Hm 7/17/98 [Okay to Re-do & Consolidate as one Assn's brief within 10 Days] |
| Jul 17 1998 | Received application to file Amicus Curiae Brief The Employers Group - supporting Resp Hughes Air [App & Brf Under Same Cover] Tct/Hm - 7/21/98 -- Okay - Order in Prep |
| Jul 17 1998 | Received application to file Amicus Curiae Brief California Employment Law Council [App & brief Separate] supporting Resp Hughes Air Tct/Hm - 7/21/98 - Okay - Order in Prep |
| Jul 17 1998 | Received application to file Amicus Curiae Brief Consumer Attorneys of Calif in support of Aplt Lane (AC Under Same Cover). Tct/Hm - 7/21/98 - Okay - Order in Prep |
| Jul 17 1998 | Application for Extension of Time filed Amicus Calif Tort Reform to file its Amicus Curiae brief (asking to 7/17/98) Okay to 7/27/98 - Order in Prep |
| Jul 21 1998 | Telephone conversation with: Atys Quackenbush & Posner (A/C Calif Employment Lawyers Assn) [Okay to Re-do Amicus brief and Consolidate as one brief. Due in 10 Days] |
| Jul 22 1998 | Permission to file amicus curiae brief granted Washington Legal Foundation in support of Resps (Hughes Aircraft Co) answer Due August 11, 1998 |
| Jul 22 1998 | Amicus Curiae Brief filed by: Washington Legal Foundation in support of Resps (Hughes Aircraft Co) answer Due August 11, 1998 |
| Jul 22 1998 | Extension of time granted Association of Calif Tort Reform to & Including 7/27/98 to file its Amicus Curiae brief. answer Due 20 Days from filing of the brief. |
| Jul 22 1998 | Permission to file amicus curiae brief granted The two separate applications of California Employment Lawyers Association to file an amicus brief in support of appellants & the requests to withdraw & resubmit as one consolidated brief are granted. The consolidated brief is due ten days from the filing of this order [8/1/98]. Answer due 20 days thereafter. |
| Jul 22 1998 | Permission to file amicus curiae brief granted Consumer Attorneys of California in support of Appellants. answer Due 20 Days from filing of the brief. |
| Jul 22 1998 | Amicus Curiae Brief filed by: Consumer Attorneys of Calif in support of Applnts |
| Jul 22 1998 | Permission to file amicus curiae brief granted 1)the Employers Group and (2) Calif Employment Law Council in support of Resp. answer: +20 Days from filing of the brief |
| Jul 22 1998 | Amicus Curiae Brief filed by: The Employers Group in support of Resp. |
| Jul 22 1998 | Amicus Curiae Brief filed by: Calif Employment Law Council in support of Resp. |
| Jul 23 1998 | Received application to file Amicus Curiae Brief Calif Emplolyment Alwyers Assn in support of Aplts (AC Under Same Cover) |
| Jul 28 1998 | Amicus Curiae Brief filed by: Calif Employment Lawyers Association in support of Appellants. [+20 Days for answer by Any Party] |
| Jul 28 1998 | Received application to file Amicus Curiae Brief Of California Tort Reform in support Of Resp Under 40(N) (brief Under Same Cover) |
| Jul 30 1998 | Permission to file amicus curiae brief granted By the Association for California Tort Reform in support of Respondent |
| Jul 30 1998 | Amicus Curiae Brief filed by: The Association for California Tort Reform in support of Respondent. answer Due: August 19, 1998 |
| Aug 11 1998 | Response to Amicus Curiae Brief filed by: Respondent Hughes Aircraft Company to AC brief of Consumer Attys of California |
| Aug 11 1998 | Response to Amicus Curiae Brief filed by: Appellants Jeffrey Lane and David Villalpando to AC brief of the Washington Legal Foundation |
| Aug 11 1998 | Response to Amicus Curiae Brief filed by: Appellants Jeffrey Lane and David Villalpando to AC of the California Employment Law Council |
| Aug 12 1998 | Application for Extension of Time filed To Respond To AC brief of the Employers Group [Appellants Jeffrey Lane and David Villalpando] Faxed SF Ok: Order Being Prepared [ Rg] |
| Aug 14 1998 | Extension of Time application Granted To & Inlcuding August 26, 1998 for Appellants' (Jeffrey Lane & David Villalpando) To file an Ans- Wer To the A/C brief of the Employers Group. |
| Aug 14 1998 | Application for Extension of Time filed Resp Hughes Aircraft to AC brief of Employment Lawyers Assn. (asking 8-24). Ok: Order Being Prepared [ Rg ] |
| Aug 17 1998 | Response to Amicus Curiae Brief filed by: Appellants Jeffrey Lane and David Villalapando to A/C brief of California Tort Reform |
| Aug 18 1998 | Extension of Time application Granted Respondent granted to and Including 8-24-98 to file answer to the A/C brief of the California Employment Lawyers Assn. |
| Aug 21 1998 | Response to Amicus Curiae Brief filed by: Huges Aircraft to AC brief of Calif Employment Lawyers Assn. |
| Aug 27 1998 | Response to Amicus Curiae Brief filed by: Appellants Jeffrey Lane and David Villalpando to AC brief: the Employers Group |
| Nov 10 1999 | Case Ordered on Calendar: 12-8-99, 1:30pm, L.A. |
| Dec 8 1999 | Cause Called and Argued (not yet submitted) |
| Dec 8 1999 | Submitted by order |
| Mar 6 2000 | Opinion filed: Judgment reversed Remanded with instructions Majority Opinion by Brown, J. -- joined by George C.J., Kennard, Baxter, Werdegar & Chin JJ. Concurring Opinion by Mosk, J. Concurring Opinion by Brown, J. -- joined by Chin, J. |
| Mar 21 2000 | Rehearing Petition filed by: Appellants Jeffrey Lane and David Villalpando |
| Mar 24 2000 | Time extended to consider modification or rehearing to 6/02/00 |
| May 10 2000 | Opinion Modified -- no change in judgment |
| May 10 2000 | Rehearing denied Mosk,J. Is of the opinion the Petition should be Granted. opinion Modified. |
| May 11 2000 | Remittitur Issued Certified copies sent to Dca2/7. |
| May 22 2000 | Received: Receipt for Remittitur from Ca2/7 Signed for by Emma Amos, Deputy Clerk |
| Briefs | |
| Jan 16 1998 | Opening brief on the merits filed Respondent Hughes Aircraft Company/Opening with permission (Oversized) |
| Feb 4 1998 | Amicus Curiae Brief filed by: Chamber of Commerce of the United States in support of Respondent. answer Due 2/24/98 |
| Feb 24 1998 | Response to Amicus Curiae Brief filed by: Appellants Jeffrey Lane, Etal to AC brief of Chamber of Commerce of the U.S. |
| Mar 31 1998 | Answer brief on the merits filed Aplt Lane and Villalpando |
| May 6 1998 | Amicus Curiae Brief filed by: Naacp Legal Defense and Educational Fund, Inc, in support of Applts. answer Due: May 26, 1998 |
| May 12 1998 | Amicus Curiae Brief filed by: A C L U Foundation of Southern California in Sup- Port of Appellants. answer Due: 6/1/98. |
| Jun 10 1998 | Response to Amicus Curiae Brief filed by: Respondent Hughes Aircraft Company to AC brief of Naacp Legal Defense & Educational Fund, Inc. |
| Jun 16 1998 | Response to Amicus Curiae Brief filed by: Resp Hughes Aircraft to AC brief of ACLU Foundation of So. Calif. |
| Jun 17 1998 | Reply brief filed (case fully briefed) by respondent Hughes Aircraft Company |
| Jul 22 1998 | Amicus Curiae Brief filed by: Washington Legal Foundation in support of Resps (Hughes Aircraft Co) answer Due August 11, 1998 |
| Jul 22 1998 | Amicus Curiae Brief filed by: Consumer Attorneys of Calif in support of Applnts |
| Jul 22 1998 | Amicus Curiae Brief filed by: The Employers Group in support of Resp. |
| Jul 22 1998 | Amicus Curiae Brief filed by: Calif Employment Law Council in support of Resp. |
| Jul 28 1998 | Amicus Curiae Brief filed by: Calif Employment Lawyers Association in support of Appellants. [+20 Days for answer by Any Party] |
| Jul 30 1998 | Amicus Curiae Brief filed by: The Association for California Tort Reform in support of Respondent. answer Due: August 19, 1998 |
| Aug 11 1998 | Response to Amicus Curiae Brief filed by: Respondent Hughes Aircraft Company to AC brief of Consumer Attys of California |
| Aug 11 1998 | Response to Amicus Curiae Brief filed by: Appellants Jeffrey Lane and David Villalpando to AC brief of the Washington Legal Foundation |
| Aug 11 1998 | Response to Amicus Curiae Brief filed by: Appellants Jeffrey Lane and David Villalpando to AC of the California Employment Law Council |
| Aug 17 1998 | Response to Amicus Curiae Brief filed by: Appellants Jeffrey Lane and David Villalapando to A/C brief of California Tort Reform |
| Aug 21 1998 | Response to Amicus Curiae Brief filed by: Huges Aircraft to AC brief of Calif Employment Lawyers Assn. |
| Aug 27 1998 | Response to Amicus Curiae Brief filed by: Appellants Jeffrey Lane and David Villalpando to AC brief: the Employers Group |
