Respondent Carol Sachs is a resident of California who purchased in the United States a Eurail pass for rail travel in Europe. She suffered traumatic personal injuries when she fell onto the tracks at the Innsbruck, Austria, train station while attempting to board a train operated by the Austrian state-owned railway. She sued the railway in Federal District Court, arguing that her suit was not barred by sovereign immunity because it is ‘based upon’ the railway’s sale of the pass to her in the United States.
Fresh Organic Food Labeling Action Is Not Preempted.
Defendant is a large herb-growing operation with multiple farms throughout California. Most of the farms use conventional growing methods, but one of them uses organic processes. Nonetheless, when it comes time for distribution, defendant packs the conventionally and organically grown herbs in the same packing and labeling facility, processes them together and labels them “Fresh Organic.”
Petition Denied; Had It Been Granted, It Would Have Resulted In 1,491 Mini-Trials.
A mass tort litigation over environmental contamination beneath a housing track settled, and the court was called upon to address whether a government-ordered environmental cleanup was part of the settlement consideration, and whether a good faith settlement could be approved without an individualized allocation of the settlement proceeds among the numerous plaintiffs and between their economic and noneconomic damages.
Saying “No, You Can’t Have The Documents,” Can Be Costly.
A shipping association requested documents from the port agent for a few California ports under the Public Records Act [Government Code section 6250, et seq.]. A port agent refused and the association filed a Writ of Mandate, which the trial court granted and which order the Court of Appeal declined to overturn.
Federal Court Judgment Reversed Due To Evidentiary Error.
The Petroleum Marketing Practices Act [PMBA; 15 U.S.C. §§ 2801-2806] regulates oil franchises. During the trial of an action about allegations an oil company failed to make a bona fide offer to sell property, as required by the PMBA, an evidentiary issue arose. Plaintiff, the owner of a gas station franchise, testified he never reviewed a certain appraisal.
Use Of Judicially Noticed Records In Ruling On A Demurrer.
The Court of Appeal held: Plaintiffs sued defendants for trade secret misappropriation. The trial court sustained defendants’ demurrer on the ground that plaintiffs’ claims were barred by the Taiwanese statute of limitations. On appeal, plaintiffs contend the trial court erred in sustaining the demurrer because it resolved disputed issues of fact based on information from judicially noticed documents.
Contract Negotiated In A Foreign Language.
Plaintiffs purchased a used automobile after negotiations were conducted in Spanish. When a dispute arose, plaintiffs sued the automobile sales company. Defendant moved for arbitration, attaching a Spanish translation of the underlying sales contract, which included an arbitration agreement, in its petition. Plaintiffs produced a Spanish translation of the underlying sales contract, which contained no arbitration agreement.
Court Declined To Create A New Exception To The Collateral Estoppel Rule.
Years ago, the juvenile court terminated plaintiff’s parental rights to her daughter and the Court of Appeal affirmed, rejecting plaintiff’s contention of ineffective assistance of counsel by her appointed juvenile dependency lawyers. Thereafter, plaintiff filed the current action for legal malpractice against the same lawyers. The trial court granted the lawyers’ motion for summary judgment.
“Tired Mothers Find That Spanking Takes Less Time Than Reasoning And Penetrates Sooner To The Seat Of Memory.” — Will Durant.
A mother of two children, one born in 2007 and the other in 2010, disciplined the children “by making them do chores, by scolding them verbally, by denying them privileges. . . and by threatening to spank them. On rare occasions when these techniques did not work, she would spank the children on the buttocks with her bare hand or with a sandal.
No Motion To Quash Permitted By Tenant Served With A Three Day Notice To Quit.
The issue is whether the tenant in an unlawful detainer action may bring a motion to quash service of the summons on the ground that the landlord did not properly serve the three-day notice to pay rent or quit required under the Unlawful Detainer Act. [Civ.Proc. §§ 1159-1179a.]
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