A juvenile ward of the court admitted he committed second-degree burglary and was placed on probation. On appeal, he challenged an electronic search condition requiring him to “submit…any electronics and passwords under [his] control to search by Probation Officer or peace officer with or without a search warrant.” The Court of Appeal found the condition […]
“Every Killer You Kill, Never Kills Again” — Bill Maher.
In 1995, a jury sentenced defendant to death for the rape and murder of his girlfriend’s mother. He now argues that the delay in carrying out his execution amounts to cruel and unusual punishment under the Eighth Amendment.
Informed Exercise Of Discretion In Request To Renew Restraining Order.
Out of the blue, a woman started receiving letters saying strange and scary things, from a man she knew in high school decades earlier. She requested a restraining order under Code of Civil Procedure section 527.6, and the court issued the order. At a 2014 hearing wherein the woman requested the court to renew the order,
Suicide By Cop?
When police with an arrest warrant informed a man he was under arrest, the man sped away, leading police on an 85 to 110 mile-per-hour chase. Twice the man telephoned the police dispatcher to demand the police stop chasing him, telling the dispatcher he was armed and would shoot. Other officers set up spikes at places they thought the man’s car would reach. However, one officer devised a plan to shoot at the man’s car to force the car to stop.
Defendant Did Not Demonstrate There Was No Material Issue Of Fact, So Summary Judgment Reversed.
Two plaintiffs in coordinated actions each worked as a mechanic for several decades at various facilities, and each degreased automotive parts with a process involving a solvent in a drum and the regular addition of mineral spirits to the drum when the grease built up. Defendant is the distributor of the mineral spirits, and plaintiffs allege the mineral spirits contain benzene, a known carcinogen.
A Homeowner’s Nightmare.
Plaintiff was employed by a painting contractor which contracted with homeowners to paint the interior of their home. An hour into the job, plaintiff was injured when he fell 12-15 feet from a ladder provided by the contractor. It turns out that the painting contractor had informed the State he had no employees and was exempted from the requirement of having workers’ compensation coverage.
Report Of Privately Retained Expert No Good In Workers’ Compensation Case.
In a Workers’ Compensation action, the injured worker hired her own psychological expert at her own expense, but he Workers’ Compensation Board found the report of the doctor was inadmissible.
Proving And Defending Against The Cost Of Health Care.
In a personal injury case, a jury found defendant negligent and awarded $261,713.71 for past medical expenses. Plaintiff had no medical insurance, and her medical providers rendered service to her on a lien basis. However, a third party purchased the lien for a discounted amount, although plaintiff remained liable for the total amount.
Personal Email Account Used For Public Business…Why Does That Sound Familiar?
The California Public Records Act [Government Code section 6250 et seq.] provides that “a party” may file a petition for the issuance of an extraordinary writ to challenge an order of the trial court either directing or refusing disclosure under the Act. A group which advocates for open government successfully moved for the trial court to order disclosure of emails from the personal account of a city attorney pertaining to official business over a five year period.
Default Judgment Void & Statement Of Damages Rejected In Non-P.I. Default.
After a business relationship went south, plaintiff filed a complaint for damages in 2004. The prayer was for general and special damages according to proof. Default was entered in 2005. A statement of damages alleging damages for over $2 million was filed and served, and at the prove-up hearing, the trial court awarded almost that much.
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