A company formed as a partnership which operates oil pipelines challenged ratesetting orders of the Public Utilities Commission [PUC]. The PUC decided the company is not entitled to an offset for income tax purposes. The company argued the PUC erroneously denied it a federal income tax allowance because it is a limited partnership instead of a […]
DOMA Found Unconstitutional By High Court.
Two New York women were lawfully married in Canada in 2007. One of them died in 2009, leaving her entire estate to the survivor who sought to claim the estate tax exemption for surviving spouses. The Defense of Marriage Act [28 U.S.C. § 1738C ; DOMA] barred her from succeeding on her exemption claim. § 3 […]
Development Of Solar Project To Go Forward Despite Williamson Act contract.
A county cancelled a Williamson Act contract [Government Code section 51200] and certified an Environmental Impact Report [EIR] for a proposed solar power plant. The trial court denied a petition for extraordinary relief challenging certification of the EIR and the cancellation of the contracts brought by environmental groups trying to halt the proposed development. Under a […]
$21 Million To Compensate For Woman’s Injuries Due To Drug Tossed By United States Supreme Court.
In 1978, an anti-inflammatory drug was approved by the Food and Drug Administration [FDA], and in 2004, the drug was prescribed for plaintiff to treat her shoulder pain. The United States Supreme Court noted: “The results were horrific. Sixty to sixty-five percent of the surface of [plaintiff’s] body deteriorated, was burned off, or turned into an […]
Employer Not Responsible For Actions Of A Co-Worker Toward Plaintiff.
Plaintiff, an African American woman, brought an action against her employer alleging she had been subjected to a racially hostile work environment by a co-worker, who is a white woman. The trial court granted summary judgment in favor of the employer because the co-worker was not plaintiff’s supervisor and could not hire, fire, demote, promote, transfer […]
Arbitration Agreement Procedurally Unconscionable, But Not Substantively Unconscionable.
The defendant/employer had a multi-level Arbitration Agreement approach to addressing workplace concerns. The first step obligates the employee to bring concerns to the attention of management. If still unresolved, the second step requires a dispute to be presented to a panel of three employees, with each side being given 30 minutes to present its position to the […]
Hate Crime Statute Applied Against Police Officers.
The Bane Act ( Hate Crime Statute ) allows the Attorney General or any city or district attorney to sue in equity “[i]f a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by […]
Groups like Awesome, Seattle School, and Orkestar Zirkonium
In his Apostolic Letter Vicesimus Quintus Annus, John Paul II raised the question again in relation to the liturgical renewal and indicated that it remained among those to be addressed at a future date: “popular piety can neither be ignored nor treated with indifference or disrespect because of its richness and because in itself it […]
Homeowner’s Association Must Strictly Comply With Davis-Sterling Prior To Foreclosure.
A homeowner’s association [HOA] decided to replace all of the roofs in the development, and approved a special assessment of $9,750 per unit after a special election by a majority of the voting members of the association. After homeowner/petitioner failed to pay her special assessment, the HOA recorded an assessment lien on her townhouse property and […]
Service Of Notice To Vacate Arbitration Award Is Not Accomplished By Merely Sending Notice Pursuant To Leave Provision.
Condominium homeowners petitioned the superior court to vacate an arbitration award. The trial court dismissed the petition based on the homeowners’ failure to properly serve their petition to vacate on the owners of the development as required by Code of Civil Procedure section 1288. The homeowners argue they served the petition in accordance with the requirements […]
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