In a class action against both DirecTV and Best Buy, plaintiffs allege a scheme to deceive, involving the apparent sale of equipment that was actually only leased to customers. The district court ordered the matter into arbitration. The Ninth Circuit found that DirecTV’s arbitration agreement is enforceable under the holding in AT&T Mobility v. Concepcion (2011) 131 […]
As Justice David Watt wrote with some understatement
13 best gifts for 3 The testing process will be a combination of computer aided analytics yeti tumbler colors, simulations and track work. Long has said that there is “no shortage” of elements to test on the evaluation cars. The team are assessing competition components from eight brake suppliers, seven suspension component specialists and seven […]
Another Dangerous Condition Of Highway Claim Rejected By Court.
Plaintiffs were injured in car crash and brought an action for dangerous condition of highway against a county. The trial court granted summary judgment in favor of the county and the appellate court affirmed, stating: “The evidence established that the accident was caused by [another driver’s] intentional act of crossing the double yellow line into oncoming […]
Right To Repair Act Does Not Eliminate Homeowner’s Common Law Rights.
A homeowner purchased a newly constructed home from defendant. A pipe burst, resulting in significant damage. The homeowner’s insurer, plaintiff, paid the expenses and repair costs and then brought an action in subrogation for recovery. The trial court found the subrogation action was time barred under the Right to Repair Act [Civil Code section 895], and […]
Police Dog Had A History Of Sniffing Mistakes.
While a victim sat in his car waiting for a traffic light to change, a young Hispanic man got out of a white Volkswagen and murdered him. A defendant was found guilty of first degree murder after a police dog named Reilly alerted to a scent showing the defendant’s scent was present on the front passenger […]
Confidential Documents Belonging To Nonprofit Given To Mine Lawyers.
A nonprofit environmental group opposed a mine project through a ballot initiative, in order to preserve natural resources. In its venture, the nonprofit contracted with a fundraiser, and eventually the two had a financial dispute. The fundraiser gave confidential documents belonging to the nonprofit to the lawyers for the mine; the lawyers gave the fundraiser a […]
On Dangerous Condition Of Public Property Claim County Granted Summary Judgment.
A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based […]
Ninth Circuit Reversed Grant Of Summary Judgment In Excessive Force Action Involving The Death Of An Attorney.
In response to a hang-up 911 call, police arrived at a home to find a delusional man, an attorney, sitting in the driveway. It took four officers to handcuff him. Even after being handcuffed, the man pumped his fists and kicked his feet and toes onto the asphalt. An officer kept his knee on the man’s […]
CIGA Sent Packing In Workers’ Compensation Case.
Applicant in a Workers’ Compensation action was on the payroll of a company, but was working as a personal assistant for the president of the company. The company had one insurer and the president of the company had homeowner’s insurance with another insurer. Of course, there were arguments about who employed her, but the parties were […]
Marijuana Conversion Action Against County Thrown Out.
Sheriff’s deputies seized and destroyed approximately 1,500 pounds of marijuana under cultivation in a remote area of Humboldt County. Plaintiffs each has a written physician’s recommendation for up to two ounces of marijuana per day, sued the County for conversion and violation of their constitutional and statutory rights to be free from unreasonable search and seizure […]
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