Plaintiff brought an action against her former employer alleging discrimination and harassment based on race and sex. When plaintiff applied for the job, she had filled out an 11-page employment application, several pages of which required her signature on the bottom of the page. The signature lines were highlighted in yellow. Page 8 was entitled, […]
Lawyer Equitably Estopped From Claiming No Referral Fee Due.
A referring plaintiff’s firm referred a potential class action case to a lawyer who specializes in class actions. The specialty lawyer promised to pay the referring firm one-third of any legal fees recovered. The client consented in writing to the referral fee. The specialty lawyer selected a different class representative than the one referred by […]
Sanctions Order Reversed After Grant Of Summary Judgment Affirmed.
Plaintiff, a corporation, propounded special interrogatories to defendant. Defendant did not provide answers because it contended plaintiff, as a suspended corporation, lacked the capacity to prosecute the action. The trial court agreed and awarded monetary sanctions to defendant. Subsequently, the trial court granted summary judgment in favor of defendant. The appellate court affirmed the grant […]
Perhaps it was at the Arizona Biltmore (coincidentally in Nancy
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No Disqualification Of Counsel Because No Attorney-Client Relationship.
In one case, a lawyer represented a client who was one of two shareholders in a development corporation. That client sued the other shareholder for violation of fiduciary duties. The other shareholder filed a petition for court supervision of the winding up of the corporation. In the winding-up action, the same lawyer who represented the […]
Grant Of Landlords’ Anti-SLAPP Motion Against Tenant Reversed.
Landlords filed an unlawful detainer action, dismissing it prior to trial purportedly due to the unavailability of an essential witness. The tenant filed an action for nuisance, negligence, and intentional and negligent interference with contract. The trial court granted the landlords’ anti-SLAPP motion because the filing of an unlawful detainer action is a protected activity. […]
No Insurance Coverage For Water Damage.
Property damage resulted after a toilet malfunctioned when it failed to shut off the intake of water and, because there was blockage in the sewer line, the toilet overflowed. Exclusion in the insurance contract says the policy excludes any “loss or damage caused directly or indirectly by . . . [w]ater that backs up or […]
Disability Access Action Expensive For Wheelchair-Bound Plaintiff.
Plaintiff uses a wheelchair and brought an action against a small grocery store “for denying him and other similarly situated disabled persons access to the full and equal enjoyment of the goods and services offered” because a four-inch step at the entry to the market was a barrier. The grocer was granted summary judgment after […]
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Lloyd moved to New York in 1989, lured by Atlantic Records, which had promised to sign him. Around 1993, at a crossroads in his life, Lloyd meet a homeless person in Central Park who took him to a synagogue. Two weeks later, he found himself playing blues with the rabbi, Shlomo Carlebach.. cheap jerseys You […]
Marriage Does Not Automatically Invalidate A Domestic Partnership Agreement.
Two men entered into a written domestic partnership agreement and then registered as domestic partners. Later, during the brief period when same-sex marriages were legal in California in 2008, they married. Shortly afterward, one died. The surviving spouse claimed an interest in the estate of the deceased, and the probate court limited him to what […]
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