A lawyer requested documents under the California Public Records Act [CPRA, Government Code §6250 et seq.], and the County argued the records were not subject to disclosure because they were attorney-client communications, they were attorney-work product and they were exempt under the CPRA’s pending litigation exemption [§6254(b)]. After ordering the County to redact certain portions […]
What He Said To The IRS Didn’t Stay With The IRS.
A man had business dealings in both the United States and Japan. Representatives from the Internal Revenue Service [IRS] and Japan’s National Taxing Authority [NTA] held a meeting in 1996 to discuss the man’s taxes. During that meeting, they disclosed information to each other, but the man knew nothing about the meeting or the disclosures […]
Couldn’t Get Their Stories Straight.
Owners of luxury car reported it stolen, and then gave several inconsistent versions of the history of the car prior to its disappearance. Their insurance company denied coverage, the insureds sued for bad faith and the trial court entered summary judgment in favor of the insurer. The appellate court affirmed, stating plaintiffs failed to raise […]
The Law Is For Thee, But Not For Me.
The Fair Credit Reporting Act [15 U.S.C. §1681] is supposed to protect the privacy of consumers. Among other provisions, it says that “no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt,” […]
Arbitration Decision Vacated Due To Mistake Of Law.
Plaintiff was fired because his employer thought he was misusing his leave time by working in a restaurant he owned. The arbitrator denied his claim, finding the employer based its action on an honest belief. The trial court denied plaintiff’s motion to vacate the arbitrator’s decision. The appellate court reversed, stating: “The honest belief defense […]
Trial Court Erred When It Reduced The Size Of Easement.
The configuration of a property was changed over the years after an easement across it had been granted. Based on all the changes and the present needs of present property owners, the trial court ruled “the reasonable requirements of the Barlow Parcel both presently and in the future do not require the full size and […]
Without A License, Contractor Worked For Nothing.
A tribal corporation brought suit against a contractor for the return of funds it paid for work, alleging the contractor was not licensed. The trial court granted summary judgment in favor of the tribal corporation. The Court of Appeal found the trial court abused its discretion when it summarily sustained all 39 of the tribal […]
Contract May Require Written Notice Of Failure To Perform On Time, Even When Delay Is The Other Party’s Fault.
To avoid late completion charges, Civil Code §1511 allows parties to specify in a contract that a party intending to avoid the effect of its failure to perform must assert in writing within a reasonable time that the other party’s act caused the failure. Here the court refused to consider whose fault the delay was […]
Patient May Pursue Doctor For More Than Malpractice.
Trial judge granted doctor summary judgment for alleged medical malpractice, but, denied summary judgment for a negligent maintenance claim after a laser machine emitted “a loud booming sound” that resulted in hearing loss. The California Supreme Court’s decision in Flowers v. Torrance Memorial Hospital (1994) 8 Cal.4th 992, [884 P.2d 142; 35 Cal.Rptr.2d 685] does […]
Since hot oil is necessary to immediately sear and crisp fish
The sign up sheet is no longer needed. Right now it’s the slow season between Valentine’s Day and the start of wedding season, but the fridges tell the story of how busy they are; magnets hold up orders, neatly lined up according to day of the week. By Thursday they had to stop taking orders […]
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