Apparently in an attempt to make the California Environmental Quality Act [CEQA; Public Resources Code section 21000 et seq.] less burdensome, the Legislature expressly exempted several categories of projects from CEQA review, projects which did not have a significant effect on the environment. Guidelines were written to implement the statute, and one of those exempted […]
Dismissal Of Dissolution Cause Of Action Negated Buyout Rights Of Both Corporations And Limited Liability Companies.
Two men each hold a 50 percent interest in numerous corporations and limited liability companies. One of the men, the plaintiff, sued the other, the defendant, for various causes of action alleging misconduct and breach of fiduciary duty. The involuntary dissolution claim seeks the appointment of a receiver to take possession of all of the […]
Racially Profiling Hispanics Again!
The background involves allegations the Maricopa County, Arizona Sheriff Joseph M. Arpaio’s police force has a custom, policy and practice of racially profiling Latino drivers and passengers, and of stopping them pretextually under the auspices of enforcing federal and state immigration-related laws, resulting in longer and more burdensome detentions for Latinos than for non-Latinos in […]
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Restaurant Is A Nuisance.
Owners of a fast food restaurant in a high crime area agreed to comply with several conditions recommended by the city police department, but would not agree to operating conditions requiring patrons not to ‘“linger over a soda or other soft drink for more than 30 minutes’”; not allow prostitutes, pimps, drug users or dealers, […]
What Does Zoning Mean? Build Absolutely Nothing Anywhere Near Anyplace.
In 2006, the Los Angeles City Council passed ordinance section 14.3.1. As stated in the ordinance, section 14.3.1’s purpose is to “provide development standards for Alzheimer’s/Dementia Care Housing, Assisted Living Care Housing, Senior Independent Housing and Skilled Nursing Care Housing, create a single process for approvals and facilitate the processing of application of Eldercare Facilities. […]
Statute Of Limitations Against Hospital For Slip And Fall.
While plaintiff was hospitalized, she went into the bathroom in her private room. While she was in the bathroom, someone mopped the floor of her room. Walking back to her bed, she slipped and fell and was injured. A cleaning lady said, “I’m sorry. I’m so sorry.” Within two years of the fall, but more […]
Dog Sniffs Car Stopped For Traffic Violation.
In Illinois v. Caballes (2005) 543 U.S. 405, [125 S.Ct. 834, 160 L.Ed.2d 842], a state trooper stopped a man for speeding. A drug officer heard about the stop over the police radio and went to the location with a drug-sniffing dog. While the man sat in the trooper’s car as the trooper wrote out […]
“It Ain’t Over Till The Fat Lady Sings.” [Maybe Said By Yogi Berra].
In an action involving a business dispute, one of the causes of action alleged breach of contract, and the contract involved contained a prevailing party attorney fee provision. The trial court dismissed the action based on a forum selection provision, and the plaintiff filed the action in another State. In the dismissed California action, defendant […]
Inaccurate Record Of Debt Collection Efforts.
A lender who lends money used to purchase a parcel of property and who holds a junior lien on that property cannot sue the borrower personally for the loan balance if the senior lienholder who also contributed to the purchase of the property forecloses on the property but does not collect enough from the foreclosure […]
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