The appellate court stated: “Attorney Defendants have misrepresented the record and ignored established case law without explanation or justification.” In its disposition, the appellate court further stated: “As sanctions for a frivolous appeal, Attorney Defendants shall pay Kendall the amount of $52,727.56. Attorney Defendants also are assessed $8,500 sanctions for bringing this frivolous appeal, payable to […]
Employment Arbitration Provision Not Unconscionable.
Plaintiff brought an action against her employer under the Fair Employment and Housing Act [FEHA; Government Code section 12940] and the Family Rights Act [Government Code section 12945.2] and for wrongful termination in violation of public policy. The arbitration agreement plaintiff signed provided, “I understand and agree that if my employment is terminated or my employment […]
Disabled As A Matter Of Law.
Minutes before a scheduled surgery to repair an umbilical hernia, plaintiff’s operation was abruptly canceled by the anesthesiologist because she was HIV-positive, and the doctor was concerned for his own safety as well as the safety of the operating room staff. When her primary care physician scheduled the surgery, he had informed the surgeon that the […]
A Merger Of Title Does Not Always Result With The Union Of A Greater And Lesser Estate.
Seller of commercial property’ consisting of several buildings and covering an entire city block’ sold a portion of the property to buyer, which sale presented a predicament. Some of the buildings on the property straddled lot lines, and the sale did not effectuate a legal lot split to effectuate the parties’ intent to completely own certain […]
Common-Fund Doctrine Applies To ERISA Health Plans.
Plaintiff, an employee of an airline, brought an action against a third party for injuries and his lawyers secured $110,000 for him. After deducting 40 % for the contingency fees, plaintiff received $66,000. The airline has a health benefits plan which entitles the airline to reimbursement if an employee recovers money from a third party. The […]
Civil Action For False Arrest, False Imprisonment And Malicious Prosecution Against Detectives And City To Go Forward.
A suspect was arrested for the attempted murder of a victim who was shot in the leg. At the preliminary hearing, the lead detective testified he and his partner interviewed the victim shortly after that shooting, that he showed the victim a photographic lineup which included the suspect, and that the victim circled the suspect’s photo […]
Complying With Grand Jury Subpoenas Stored Communications Act Protects Companies.
Yahoo! Inc., a digital media company, was served with a grand jury subpoena from a Georgia district attorney requiring the disclosure of any and all records regarding the identification of one of its users. Yahoo! complied, and the user brought a putative class action against Yahoo! claiming various statutory provisions, and because the information was produced […]
Violation Of Due Process? One Lawyer In Firm Represents Police Department While Another Advises City Council. Result?
A police officer once dated a woman who lives at an apartment complex which has a pool and Jacuzzi behind a locked gate. Seven or eight years after the relationship ended, he was spotted using the Jacuzzi by the woman he once dated. She called the police, and the police officer told the investigating officer he […]
Pacific Time ( on September 1
When I first saw him, I kind of thought he was full of it, if you know what I mean. I mean, how could a guy shake every hand, sign every autograph, and talk to everybody and be real? Call me cynical. At a second team camp, my wife had brough my children down to […]
Allegations In Complaint Do Not Amount To Judicial Admissions.
A law firm allegedly represented both buyer and seller in the sale of commercial property. The buyer borrowed more than half the purchase price and relied on rental income to make loan payments. After several months, the tenant stopped paying, and in the absence of rental income, the purchaser was unable to make loan payments. The […]
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