The Court of Appeal issued a peremptory writ in the first instance after the court issued a modification order changing custody to the noncustodial parent, thereby requiring the minor children to move in the middle of the school year from their California home to the noncustodial parent’s home in Alabama. The appellate court said the […]
Judicial Admission Made In Unverified Complaint Against General Contractor.
This is the scenario: A homeowner sued a general contractor, alleging shoddy work. In his unverified complaint, the homeowner alleged the contractor was licensed at all times. The general contractor responded with a cross-complaint for unpaid work. A local rule required plaintiff to identify all controverted issues, and plaintiff did not identify licensure as a […]
All Female Staffing Policy For Some Prison Jobs Not Discrimination Against Males.
A prison designated a number of female-only positions, and the prison guard union brought suit for discrimination against male correctional officers. In a 1993 case [Jordan v. Gardner (1993) 986 F.2d 1521], a federal court halted the practice of permitting cross-gender pat down searches in nonemergency situations. In addition, over the years, there have been instances […]
Nurse Drawing Blood For Police Department Alleges She Was Sexually Harassed By Police Officer.
A nurse alleges that while she was providing phlebotomist services to a police department, she was sexually harassed by a City police officer. A jury awarded damages against the City, and judgment was entered for $1.125 million. In its motion for JNOV, the City argued the nurse [who was not a City employee, or a […]
California Supreme Court Echoes U.S. Supreme Court In Case Involving Settlement Deemed To Be Anticompetitive. Previously We Reported: Ingenious Settlement May Be Anticompetitive Because Of The “Market Power Derived From The Patent.”
A drug company patented a drug [drug company #1] and a generic drug manufacturer [drug company #2] filed applications for generic drugs modeled after the patented drug. #1 brought an action against #2 claiming patent infringement. After the Food and Drug Administration approved the generic product, #1 and #2 entered into a settlement whereby #2 […]
Doctrine Of Collateral Estoppel Applied To Malicious Prosecution Claim.
A man tried to cash some checks at a bank, but the bank refused. The situation evolved into bank employees calling the police and the man being arrested for making a criminal threat. Although the magistrate in the man’s preliminary hearing found the man lacked credibility, a jury acquitted the man on the criminal charges. […]
Statement Of Damages Doesn’t Count When It’s Not An Action For Personal Injury Or Wrongful Death.
Plaintiff sued for retaliation in violation of various Labor Code statutes. The complaint, itself specified only a civil penalty of $10,000 but did not otherwise specify the amount of damages. On the other hand, the statement of damages prayed for many zeroes. A default judgment for $129,673.48 plus costs and attorney fees was entered against […]
Your Tax Dollars At Work; State Agency EDD Ordered [Once Again] To Pay A Man His Unemployment Insurance . . .[Editor’s Note: No Wonder Poor People Have Trouble Finding Representation].
The man’s work shoes were still in good shape, so he decided to donate his $150/year work shoe allowance for new work shoes for a friend. His attempted gesture was against company policy and he was fired. The Employment Development Department [EDD] refused the man’s claim for unemployment insurance. Ordered twice by the trial court […]
California Statute Violates The Dormant Commerce Clause.
The issue revolves around the dormant Commerce Clause, which is a limitation upon the power of the States to prohibit discrimination against interstate commerce. The statute involved is California’s Resale Royalty Act [Civil Code section 986(a)] which requires the seller of fine art to pay the artist a five percent royalty if the seller resides […]
California Supreme Court Rules On Costs/Attorney Fee Statutory Discrepancies In FEHA Cases.
Code of Civil Procedure section 1032(b) guarantees prevailing parties in civil litigation awards of the costs expended in the litigation, and Code of Civil Procedure section 1033.5 requires the costs be reasonably necessary to the conduct of the litigation. Government Code section 12965, subdivision (b) provides that in Fair Employment and Housing Act [FEHA; Government […]
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