A man was injured in an auto accident and settled with the underinsured motorist who caused the collision. The injured man then claimed $62,500 in loss under the uninsured motorist coverage in both of the two policies that covered himself. One insurance company relies on Insurance Code section 11580.2, subdivision (c)(2), to argue it owes nothing […]
Nurses: A Shot In The Arm.
The California Supreme Court decided who may administer insulin to diabetic students, in light of “a longstanding shortage of school nurses.” In 2007, California’s Department of Education stated that “trained school personnel who are not licensed health care providers may, when no nurse is available, administer insulin pursuant to medical orders of students’ treating physicians.” The […]
Fair Use Under Copyright Law Includes Green Day’s Unauthorized Use Of Artist’s Illustration In Concerts.
An artist and illustrator created Scream Icon, a drawing of a screaming, contorted face. A defendant is a photographer who photographed a brick wall on Sunset Blvd. covered with graffiti and posters, including a weathered and torn copy of Scream Icon. That defendant was later engaged to create the lighting, effects and video backdrops for a rock […]
Defendant Did Not Waive Jury By Not Filing Jury Fees When A Fee Waiver Had Been Granted.
The trial court denied defendant a requested jury trial because no jury fees had been posted. The appellate court found error and reversed, stating “because defendant obtained a waiver of jury fees, he was not required to deposit the $150 advance jury fees five days before the date set for trial.” Kim v. De Maria (Cal. […]
“The Trouble With Law Is Lawyers”—Clarence Darrow.
A lawyer filed a class action lawsuit against Toshiba on behalf of a class of purchasers of laptops which had an electrostatic discharge problem. The trial court awarded $165,000 in sanctions against the lawyer and awarded her no attorney fees, even though she requested $24 million. The appellate court described in detail “the arduous procedural […]
Morphed Images = Sex Offender Registration For Life.
Defendant was convicted of possession of child pornography and sentenced to 90 days in custody, 36 months probation, a $17,000 fine and must register in sex offender registration for life. On appeal, defendant claimed some of the photographs were innocent images of children which were digitally altered or “morphed,” which often means they were created by […]
Deaf Or Hard Of Hearing Students Want To Follow Along With Classroom Discussions.
Through their parents, two deaf or hard of hearing public education students in different parts of California requested help to follow classroom discussions through Communication Access Realtime Translation [CART], a word transcription service similar to court reporting in which a trained stenographer provides real-time captioning that appears on a computer monitor. In both situations, the school […]
Actions Under California’s Unfair Competition Law (UCL) Are Not Precluded By Congress’ Repeal Of Federal Lawsuits Under Truth In Savings Act.
The provision in the federal Truth in Savings Act [TISA; 12 U.S.C. § 4301] which permitted private civil actions was repealed in 1996. The California Supreme Court issued an opinion on the issue of whether or not California’s Unfair Competition Law [UCL; Business & Professions Code section 17200 et seq.] may be based on violations of […]
National Rifle Association’s Preemption Argument On Gun Control Rejected.
Both the appellate and trial courts held a county ordinance which precludes the possession and use of guns in the county’s parks and recreational areas was not preempted by state law. In its amicus brief, the National Rifle Association argued the state of California has impliedly occupied the field and that “visiting Carry License holders will […]
Seller’s Agreement To Subordinate Its Security Interest To That Of The Bank’s Unenforceable.
The court’s first paragraph says it all: “This case involves competing claims of lien priority between the seller of real property, which took back a security interest on property sold to a developer, and the bank which financed development of the project through a construction loan. The issue is whether the seller’s agreement to subordinate its […]
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