Strava cheap jerseys, a website and app http://www.cheapjerseysorigin.com/, has brilliantly tapped the power of GPS and egos of (mostly) men such as me to change the way millions ride. There has been criticism, too, that it promotes reckless or even deadly riding, and turns a beautiful sport into a computer game. But its success is […]
No Unfettered Right To Cultivate Marijuana.
Plaintiffs are a group of individuals who use marijuana for medical purposes. They petitioned the superior court to rescind a county ordinance which declares it a nuisance to cultivate more than a certain number of plants depending on the size of the premises. The Ordinance also declares it a nuisance to cultivate marijuana within 1000 feet […]
Officer Should Have Clarified Woman’s Chemical Test Admonition Rights.
A woman was arrested by the CHP when officers found her car stopped on a highway facing westbound in the eastbound lanes with an odor of alcohol on her breath, bloodshot and watery eyes, slurred speech and an unsteady gait. She refused to take a breath test at the scene. At the station, she was read […]
The Holder Rule Permits Action Against A Lender To The Same Extent An Action Could Be Brought Against The Seller Of A Mobile Home.
Plaintiffs bought a motor home that was financed with an installment contract. Shortly after the sale, the contract was assigned by the dealership to a bank. Plaintiffs assert the motor home was defective from the start. After months passed without the demanded repairs being made, plaintiffs disclaimed their ownership in the vehicle and sued the dealership. […]
Consumer Protection Statute Does Not Apply To Online Services.
Apple, Inc. requested or required plaintiff to provide his address and telephone number as a condition of accepting his credit card as payment for online services. Civil Code section 1747.08 precludes requiring a consumer to provide personal information as a condition for accepting a credit card as payment for goods or services. In an earlier case, […]
Attorney Fees Provision In Escrow Instructions Unconscionable.
Plaintiffs lost at summary judgment after bringing an action against a title company for overcharging for notary services performed through the title company’s escrow services company. The escrow instructions contained an attorney fee provision, and, under it, the trial court awarded the title company $266,801 for its attorney fees. The appellate court reversed the attorney fee […]
No Whistleblower Action If No Economic Harm To State Alleged.
The trial court granted summary judgment to the employer, and the appellate court reversed, stating: “We reverse the summary judgment on three of [plaintiff’s] causes of action, and affirm the judgment for [employer defendant] on two others. Because [plaintiff] did not demonstrate that the fraud alleged in one of his causes of action under the […]
Nonsignatory To Arbitration Agreements May Not Compel Arbitration.
Plaintiffs each own a 2010 Toyota Prius. They signed arbitration agreements with dealerships. The car manufacturer sought to compel arbitration under those arbitration agreements, and the district court denied the request because the manufacturer was a nonsignatory to the arbitration agreements, and because it waived any right to compel arbitration by vigorously litigating the action in […]
Business Judgment Rule Does Not Shield Cooperative.
A dairy cooperative instituted production quotas for its members and reduced payments for milk deliveries in excess of the quotas. One co-op member brought an action for breach of contract claiming his quota was too low. The contract required the co-op to accept all of the milk from its members “subject to the right of the […]
No Prescriptive Easement Created When There Was An Existing Permissive Easement.
Plaintiff sought to establish a permissive easement over two access roads on undeveloped land against two defendants, one of whom had authorized use of the roads. The trial court granted judgment in favor of both defendants, holding plaintiff’s use of the land was expressly authorized by a prior permissive easement, so no prescriptive easement was created. […]
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