Where an employee is injured in the course and scope of his or her employment, workers’ compensation is generally the exclusive remedy of the employee and his or her dependents against the employer. (Labor Code §§ 3600(a), 3602). Labor Code §4558 authorizes an injured worker to bring a civil action for tort damages against his […]
No Wrongful Termination When Contract Not Renewed.
Actress brought suit for wrongful termination after her contract for a sixth season of a television show was not renewed. The trial court denied defendant’s motion for a directed verdict, and defendant sought extraordinary relief. The Court of Appeal granted the petition, stating: “A cause of action for wrongful termination in violation of public policy […]
Arbitration Clause In CC&R’s Binding On Association Which Did Not Exist When Drafted.
An owners association filed a construction defect action against a condominium developer, seeking recovery for damage to its property and damage to the separate interests of the condominium owners who compose its membership. In response, the developer filed a motion to compel arbitration, based on a clause in the recorded declaration of covenants, conditions, and […]
Nurse Loses License And Files Petition Too Late.
Registered Nurse lost her license and challenged the decision in a petition for writ of administrative mandate under CCP §1094.5. The Board of Registered Nursing demurred, and the trial court dismissed because the petition was untimely. On appeal, the nurse contends she did not learn of the revocation until after the period for filing the […]
Losing Party Hires Private Investigator To Search For Undisclosed Conflicts With Arbitrator.
In a lot line dispute with neighbors, the losing party brought suit against his lawyers believing their negligence was the cause of the “disastrous results.” The client demanded arbitration with JAMS, and the lawyers counter-claimed for unpaid fees and costs. The arbitrator found the client lacked credibility, and eventually awarded the lawyers $289,028.85. “Shocked” by […]
Video: How To Qualify For Chapter 7 Bankruptcy
In this video, attorney Mark Mellor discusses if you qualify for Chapter 7 bankruptcy and the differences between Chapter 7 & Chapter 13. If you have questions about which type of filing you qualify for, please contact The Mellor Law Firm today for a free consultation with a bankruptcy attorney.
Private Right Of Action Exists.
Class of current and former patients of skilled nursing facilities brought action under Health and Safety Code §§ 1276.5 and 1430(b), alleging defendants had a pattern and practice of systematically understaffing its facilities. The trial court sustained defendants’ demurrer without leave to amend, finding regulatory statutes were involved and no private cause of action was […]
The league is in conjunction with the Peace Tournament which
Replica Hermes Bags History.(Published Tuesday, June 14, 2016)A friend, Hazel Ramirez, told the Washington Post she also saw a video from Almodovar on Snapchat and learned Sunday afternoon what had happened.Ramirez described Almodovar as “kind, but sassy,” and someone who was comfortable with his own sexual identity.”He was so proud of who he was,” she […]
Whistleblower Case Not Subject To Anti-SLAPP Motion To Strike.
A doctor reported to hospital authorities that some nurses who worked with him at a medical center failed to follow his instructions. In some instances, he believed the nurses endangered patients’ lives. One nurse refused to follow his order to shock a patient with defibrillator paddles. Another disobeyed his order to transfer a patient to […]
Libel Per Se; Motion Under CCP § 425.16 Anti-SLAPP Denied.
In an election for the Board of Directors of a homeowner’s association, one candidate wrote about another: “As you know, Board Members, like any elected representatives, owe allegiance and loyalty to the people who elect them. They may not self-serve or ‘feather their own nest[.]’ [The candidate] was on the Board and . . . […]
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