In an action involving strict liability and negligence, a jury found in favor of the plaintiffs on their failure to warn and negligence claims. After the jury was discharged, but before judgment was entered, the trial court granted defendant’s pending pre-verdict motions for nonsuit and directed verdict, deeming those motions to be a motion for judgment […]
Business Competitor Alleging Injury Caused By Unfair Competition By An Internet Company With Whom There Had Been No Business Dealings May Pursue Unfair Competition Claim, Even Though A Consumer Could Not.
A law firm brought an unfair competition action [UCL; Business & Professions Code section 17200] against an online legal services provider based upon alleged unauthorized practice of law. The allegations include claims the internet provider undercut the competition by using unlicensed persons to perform legal work, thereby saving on attorney costs, and by employing unbonded and unregistered legal […]
Union Permitted To Proceed With Allegations Of Corruption By Railway.
In the arbitration of a railway employee’s wrongful discharge claim, a neutral arbitrator on the special adjustment board issued a draft award reinstating the employee. The railway representative said to the arbitrator: “If you are going to issue these kinds of opinions, you will never work for a Class One railroad again,” whereupon the arbitrator recused […]
No Life Preserver To Save Non-Appealable Order.
Plaintiff’s case was dismissed as a terminating sanction following discovery abuse. Plaintiff appealed and defendant argued the appeal was from a non-appealable order. In his appellate brief, plaintiff told the appeals court his appeal “was timely filed following Entry of Judgment in this matter.” Even though appellate courts often permit a premature appeal and treat it […]
Husband Beater Got No Spousal Support.
In dissolution proceeding, husband requested relief from paying spousal support because of wife’s domestic violence. He detailed 19 written police reports, five arrests, three criminal convictions, three criminal protective orders, one civil temporary restraining order, and three probationary periods. The trial court found wife was statutorily ineligible to receive spousal support based on her history of […]
Injunction Issued Against Greenpeace.
A federal district court granted Shell Offshore, Inc. a preliminary injunction against Greenpeace, Inc., a California corporation, showing there is a likelihood of success on the merits of its claim that Greenpeace USA would commit tortious or illegal acts against Shell’s Artic drilling operation in the absence of an injunction and that the resulting harm would […]
Even Though Disabilities Not Apparent And ADA Not Violated, Airline Faces Suit Under State Statutes.
Plaintiff who has difficulty walking, due to osteoarthritis, collapsed spinal disc, knee replacement and another knee that needs replacement, flew United during both legs of a trip. She claims during both trips, United failed to provide her wheelchair assistance. Among her allegations: “United agents yelled at her, expressed skepticism that she actually needed a wheelchair, and […]
On A Cellular Phone While Driving Reading A Map.
Vehicle Code section 23123, states: “A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.” The appellate court was asked to determine whether or not using a wireless phone solely for its […]
When 170.6 Challenge To Judge Assigned To Trial Presented, Independent Calendar Court Did Not Function As A Master Calendar Court.
A corporate dissolution action was assigned to one judge for all purposes. That judge advised counsel he would not be available on the trial date and “would tell them at trial call on November 9 which trial judge would be assigned the case” for trial. On November 9, the court informed counsel the name of the […]
Summary Judgment For Employer Reversed On Worker’s Compensation Defense.
Plaintiff functioned as a volunteer employee for defendant. Defendant’s worker’s compensation insurance policy provided coverage for volunteers. On the day of the incident, according to plaintiff, plaintiff was not acting as a volunteer, but went to defendant’s business to visit a friend. Plaintiff claimed that while she was there, she was asked to go get somebody […]
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