The median of a highway in front of a restaurant had temporary traffic dividers. A man operating a motorcycle collided with a restaurant patron exiting the restaurant parking lot. Not realizing only a right turn was possible, the patron at first attempted a left turn and the motorcyclist collided with the patron. Plaintiffs are the […]
Class Decertification Order Affirmed.
This is a class action against a healthcare provider. Plaintiffs contend the provider unfairly charges uninsured patients more for emergency services that the fees it accepts from patients covered by private insurance or governmental plans. The trial court first certified, but later decertified the class. In affirming the order decertifying the class, the appellate court […]
Fee Dispute Not Elevated To The Constitutional Arena.
Both parties are lawyers. The defendant first represented a man in a personal injury lawsuit. When defendant withdrew from representation, plaintiff represented the man. Defendant asserted an attorney fee lien, informing one of the insurers in the personal injury case that any payment of funds was subject to a lien for defendant’s fees. Plaintiff negotiated […]
Arbitrator May Rule On Pitchess Motion In Administrative Appeal.
This case involves an administrative appeal from discipline imposed on a correctional officer who was fired for falsifying payroll records. The California Supreme Court held that in an administrative appeal from discipline imposed on the officer, an arbitrator may rule upon a discovery motion for officer personnel records, referred to as a Pitchess motion [Pitchess […]
Wrongful Termination “Tameny” Claim.
An employee of a private university reported numerous instances of misconduct committed by her immediate supervisor and was fired. In her action for wrongful termination in violation of public policy, the university argued the illegal conduct the employee reported involved an injury only to the pecuniary interests of the university, and not to the public […]
Must Go To Arbitration Even Though One Party Claims The Controversy Is Not Ripe For Adjudication.
The trial court denied a party’s petition to compel arbitration after concluding the petition failed to present an actual controversy sufficiently ripe for adjudication. Here, the parties, both of whom are sophisticated business entities, agreed to a broadly worded arbitration provision that obligates them to arbitrate “[a]ny and all disputes, controversies or claims arising under […]
It’s A Sad Day When A Father Doesn’t Want To Support His Children.
The appellate court affirmed a trial court’s exercise of discretion to impute income to a father pursuant to Family Code § 4058(b). The appellate court also affirmed the trial court’s child support order because substantial evidence supports the trial court’s findings the father had the ability and opportunity to keep his job, that his termination […]
No Fiduciary Or Current Client Exception To The Attorney-Client Privilege.
In 2012, a law firm’s client wrote some nasty emails to the firm about the advice he was being given in a litigation matter. The lawyer within the firm who was handling the matter sought the advice of another lawyer within the firm about the dispute. A few years later, the client brought an action […]
Insured Entitled To Conditional Judgment Against Insurance Company.
Three days after an insurance company issued a property policy, burglars caused serious damage to the building by stripping all electrical and other conductive materials. The policy provided two different measures for reimbursing covered damages: the full cost of repairing the damages, so long the repairs were actually made, or the depreciated value of the […]
Clear Sailing Attorneys’ Fees Provision In Class Action Settlement Upheld.
After the trial court approved a class action settlement, overruling the objections of a member of the class, the class member appealed. The class member argued the notice to the class members denied them due process because the nature and timing of the settlement approval procedure set forth in the notice was unfair, and because […]
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