Response by the Court of Appeal when the parties notified the court the matter had been settled: “The parties stipulated to a dismissal of the appeal on the day before the matter was initially set for oral argument based on a proposed settlement. We rejected the stipulation and re-calendared oral argument because we determined that […]
This should take no longer than 30 seconds
On the game winning goal: “Me and Chappy (Stefan Chaput) had some good work down low just a few seconds before. The puck ended up at the point. I was just coming off the corner to get in front, maybe get a tip. Whether they want to admit it or not, there will be at […]
Guarantors Left Holding The Bag.
Borrowers agreed to pay only interest on a loan until its maturity date. The loan contained a provision that barring an uncured default outstanding at the time of the maturity date, and in the bank’s sole and absolute opinion and judgment, the maturity date would be extended. Indeed, it was extended five times. After the […]
Improper Joinder Of Claims In Sexual Assault By A Doctor Of Two Patients, But Proper Joinder Of The Doctor’s Employers.
Two patients brought an action against their doctor and the doctor’s employers for sexual assault. The trial court sustained defendants’ demurrer without leave to amend because the plaintiffs alleged separate and distinct assaults during separate and distinct periods, and defendants were improperly joined under CCP § 378. The appellate court affirmed the ruling with regard […]
Attorney Fees Awarded After Summary Judgment Filed And A Dismissal Of Trade Secrets Case Is Filed Instead Of Opposition.
Three individuals left plaintiff’s company and joined defendant’s company. Plaintiff brought a trade secret misappropriation claim against defendant. Defendant filed a motion for summary judgment containing evidence the purported trade secret was actually an off-the-shelf computer program. Plaintiff asked for several continuances to conduct discovery, but never opposed the motion and filed a dismissal instead. […]
No Duty On Manufacturer Of Taser Gun To Warn Of Risks Not Knowable .
After report of a disturbance, police went to a scene and found a man “either really high or crazy.” The man struck the police vehicle with his hand and continued on his way. The situation deteriorated with the man breaking a fence, assuming a batter’s position and swinging a two by four at officers. After […]
Advances Are Not The Same As Commissions.
Plaintiff was a salesman for Verizon, and his pay was based on a compensation plan, which was basically an hourly wage plus commissions. New hires were advanced 100% of their target commission, but were paid for their actual performance, and advanced commissions were taken back if a customer cancelled service. Plaintiff filed a complaint alleging […]
Mobilehome Up For Sale Protected By Rent Control, Even If Not Principal Residence.
Damages awarded against a mobilehome park were measured by the difference between the rent charged and the rent permitted by a city ordinance. Civil Code §798.21 provides that a mobilehome space is exempt from a local rent control ordinance if the space is not the principal residence of the homeowner. One homeowner, whose mobilehome was […]
Whistleblowers Beware. . . Disclosures Made In The Course Of Official Duties Outside Protection Of First Amendment.
A detective reported that another officer engaged in abusive interrogation tactics. He was told to stop sniveling and was thereafter placed on administrative leave. He filed a civil rights action under 42 U.S.C. § 1983. The trial court granted summary judgment and the Ninth Circuit affirmed. Dahlia v. Stehr (Ninth Circuit; August 7, 2012.) Case […]
Arbitration Clause In Employment Application Unconscionable And Unenforceable.
Here’s what it says: “I hereby agree to submit to binding arbitration all disputes and claims arising out of the submission of this application. I further agree, in the event that I am hired by AccentCare, that all disputes that cannot be resolved by informal internal resolution which might arise out of my employment with […]
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