Two businesses entered into an agreement which provided that disputes would be subject to arbitration. Plaintiff sued defendant, and defendant moved to compel arbitration. Under Code of Civil Procedure section 1281.2, a party requesting arbitration must prove the other party refused to arbitrate the controversy. The trial court denied the motion to compel on the […]
The Cost At A Hospital Is Different For You.
A man with no medical insurance signed an agreement to pay a hospital’s full charges when he received emergency care at a hospital. He later filed a consumer class action asserting claims under Business and Professions Code section 17200 and Civil Code section 1750. His complaint alleges the hospital “failed to disclose uninsured patients would […]
Trial Court Erred In Applying The Doctrine Of Substantial Compliance To Consumer Protection Laws.
Civil Code section 2987, subdivision (d), subsection (2)(B), requires that lessors of vehicles which have been repossessed give the lessees a notice that contains this statement: “The amount you owe for early termination will be no more than the difference between the Gross Early Termination Amount stated above and (1) the appraised value of the […]
Equitable Principles May Be Applied To Give Priority To An Earlier Unperfected Security Interest.
The facts here are complicated and lengthy, so they will not be set forth here. Suffice it to say, the appellate court pointed out that Commercial Code section 9310(a) provides that a financing statement must be filed to perfect all security interests and that Commercial Code section 9322(a)(2) further provides a perfected security interest has […]
“Only Noneconomic Damages Awarded By The Court Are Actually Capped;” Settlement Didn’t Count Toward MICRA’s $250,000 Limitation.
The California Supreme Court considered whether a jury’s award of noneconomic damages, reduced by the court to $250,000 under Civil Code section 3333.2 [MICRA], may be further reduced by setting off the amount of a pretrial settlement attributable to noneconomic losses, even when the defendant who went to trial failed to establish any comparative fault […]
Stop Bothering Our Customers.
Plaintiff owns an outdoor shopping center with 60 retail stores, and has a policy of prohibiting solicitation of donations on shopping center property. Defendants, who provided evidence they operate youth centers outside the county, were repeatedly soliciting donations on the sidewalk areas immediately adjacent to store entrances. The police refused to intervene, and the shopping […]
No Administrative Appeal Right After Police Officers Transferred To Another Assignment.
LAPD robbery/homicide lieutenant, with 23 years of experience on the force, was counseled for a lack of supervisory skills. When the situation did not improve, it was determined that either the lieutenant had to make significant changes to interpersonal skills, or a significant number of subordinates would leave the section. Retaining rank and pay, the […]
Equitable Estoppel Applied To Late Governmental Claim.
Two third grade girls complained about their male teacher touching them in private areas of their bodies. School administrators repeatedly admonished the parents and children not to discuss the situations with anyone but the police. Police investigations proceeded slowly, and more than a year after the first reports, the teacher pleaded guilty and was sentenced. […]
Privilege Waived In Inadvertent Disclosure Of Documents.
During litigation, a public entity inadvertently produced documents which appeared in its privilege log. When it discovered its mistake, the public entity demanded their return and an agreement the documents would not be relied upon in any way. The receiving party declined, contending the public entity waived any claim of privilege. The trial judge concluded […]
Importance Of Voir Dire.
Federal Rules of Evidence, rule 606(b)(1) states that, “a juror may not testify about any statement made or incident that occurred during the jury’s deliberations,” and subdivision (b)(2)(A) states there is an exception in that a juror may testify whether extraneous prejudicial information was improperly brought to the jury’s attention. In this negligence case, the […]
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