The warning on a grinder read: “WARNING: To avoid the risk of serious injury, NEVER use this grinder with cup wheels and/or saw blades.” “WARNING: Never use any accessories other than those mentioned below. The use of any accessories other than those mentioned below or attachments not intended for use such as cup wheel, cut-off wheel, […]
Run Out Of Baggies? Warrantless Search Of Marijuana Is The Result!
Police seized a package from a private shipping company after a shipping employee contacted the police department to report that the package smelled of marijuana and had been dropped off for shipment to an Illinois address. Without a warrant, police opened the box and found 444 grams of marijuana. The California Supreme Court held the defendant’s […]
Plaintiff’s Counsel Should Not Have Been Disqualified Because Of The Expert Witness He Hired.
Plaintiff informed defendant he hired an expert who had previously testified on behalf of the defendant. Defendant claimed the expert possessed confidential attorney-client and work product information, and the trial court disqualified plaintiff’s counsel. The appellate court stated that even if attorney client work product conveyed to a consulting expert remains subject to work product protection, […]
Primary Assumption Of The Risk Applies To A Weight Dropped On Plaintiff’s Head.
Plaintiff was injured by a weight dropped by defendant, her teammate on the UCLA swim team, during a mandatory team workout session intended to strengthen the swimmers. Plaintiff filed an action alleging negligence against defendant, who successfully moved for summary judgment on the basis of the doctrine of primary assumption of the risk. Plaintiff argues primary […]
Appellate Court Affirmed Summary Judgment Based Upon Different Grounds Than Trial Court.
A petitioner brought an action seeking to invalidate amendments to a survivor’s trust. The defendants’ answer alleged the claims were barred by statutes of limitation, res judicata and laches. The trial court granted summary judgment based upon collateral estoppel and statutes of limitation, and never reached the issue of laches. The appellate court affirmed the judgment, […]
Zip Codes At Gas Pumps.
Plaintiffs filed a class action for violation of the Song-Beverly Credit Card Act of 1971 [Civil Code section 1747.08], alleging Chevron violates the Act by sometimes requiring customers to provide their ZIP codes when buying gasoline with credit cards. The trial court granted summary judgment to Chevron and the appellate court affirmed, stating: “The undisputed facts […]
I Pledge Allegiance To The Opposition Of Prostitution.
Congress passed the Leadership Act in 2003 [22 U.S.C. § 7601 et seq.] to combat HIV/AIDS. The Act makes the reduction of HIV/AIDS behavioral risks a priority of all prevention efforts. The Department of Health and Human Services and the United States Agency for International Development [USAID] are the federal agencies primarily responsible of overseeing implementation. The […]
Special Motion To Strike Denied In Defamation Action.
The court appointed a reunification counselor in a custody dispute. The counselor concluded the father was emotionally and psychologically abusing the child by indoctrinating him to believe his mother was evil and never loved him and that the mother had kidnapped the child’s younger brother and was holding him hostage. The court removed the child from […]
“ Putative Spouse ” Defined For Wrongful Death Actions.
Code of Civil Procedure section 377.60, provides that a wrongful death action may be brought by a decedent’s putative spouse and defines the putative spouse as “the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.” The Court of […]
Charter City Must Conduct Arbitration For Furlough Grievances.
A charter city adopted a mandatory furlough program for its civilian employees. Employees lodged grievances, arguing furloughs violated duly ratified memorandums of understanding [MOUs] with their union. The grievances were denied and the employees requested arbitration. The city refused to arbitrate, and the superior court granted the union’s petition for an order compelling the city […]
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