After a man was bound over for trial and in police custody, detectives became aware that additional demand-note robberies, perpetrated with the same distinctive modus operandi as those for which the man was being held, had occurred in the same part of Los Angeles. The detectives never disclosed the true state of affairs, and, instead […]
Primary vs. Excess Coverage Dispute.
Both plaintiff and defendant are insurance companies. A trucker, who owned his own truck entered into an agreement with a transportation company to deliver loads in two states. The agreement provided the trucker was an independent contractor, and the trucker agreed to maintain liability insurance and to name the transportation company as an additional insured. […]
Competitive Bids Not Required For School District.
The question before the court was: Does Education Code section 17406 exempt school districts from obtaining competitive bids when entering into what are known as “lease-leaseback” agreements to improve school property? The appellate court concluded the answer is “yes” because the language of the statute is “plain, unambiguous and explicit, and does not impose bid […]
Class Action Judgment Against Auto Dealership Reversed In Part And Affirmed In Part.
This class action was brought by consumers who purchased automobiles. It was tried by the court, and judgment was entered in favor of defendant automobile dealership. The trial court awarded $1,503,084.50 to defendant in attorney fees and costs. The appellate court reversed portions of the judgment and affirmed other portions. The reversed portions included a […]
The Complex World Of Government Claims.
The Judicial Council asked the appellate court to mandate the trial court to grant its summary judgment motion because plaintiff, who alleges she was severely injured while on an elevator at a Los Angeles courthouse, failed to present a government claim to the Secretariat of the Judicial Council. Plaintiff contends she complied with the government […]
Goodbye Tension, Hello Pension….Retirement Income Not!
When DHL acquired Airborne Express, it began to merge the two companies’ retirement plans. Before the merger, Airborne employees were able to transfer the entire balance of a Profit Sharing Plan to the Retirement Income Plan upon retirement, and would be entitled to at least $5,000 monthly from the Retirement Income Plan, while leaving nothing […]
You Can’t Make This Stuff Up!
The owner and supervisor of a company was yelling and visibly upset that there was a sanitary napkin by the toilet and blood around the toilet seat. All female employees were ordered to line up to be checked to see if they were having their period, with a promise that anyone who refused to get […]
Navy’s Surveillance Information Suppressed.
A special agent of the Naval Criminal Investigative Service [NCIS] found evidence of internet activity involving child pornography and turned the information over to civilian authorities. A man was then arrested, convicted and sentenced to 18 years in prison for possessing and distributing child pornography. A federal district court refused to suppress the evidence, and […]
Summary Judgment In Favor Of Holding Company Reversed; Trier Of Fact May Infer It Is An Employer.
A plaintiff filed a class action on behalf of himself and other certified nursing assistants for unpaid minimum wages and overtime wages. He contends defendant, a holding company with no employees, is the alter ego of a nursing facility where he worked and its “corporate veil should be pierced.” The trial court granted defendant’s motion […]
Misconduct Means No Unemployment Insurance Benefits.
The superior court granted a writ of mandate brought by an employee of a school district who was denied unemployment insurance benefits pursuant to Unemployment Insurance Code section 1256. The appellate court reversed the superior court’s order directing that the employee receive unemployment compensation benefits because the man committed misconduct within the meaning of 1256 […]
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