The trial court dismissed robbery charges against three defendants and the prosecution appealed. The night they were arrested, one of the three specifically asked the detective in charge to check the video cameras, which the detective later denied, but was impeached with an audio of the conversation. At the first opportunity, the defense lawyer asked […]
Victim Found To Be Unavailable To Testify Under Sixth Amendment.
The Sixth Amendment provides that an accused shall have the right to be confronted with witnesses against him. In this criminal case alleging child molestation, a jury deadlocked 10 to 2 in favor of conviction in the first trial. In that first trial, the victim, a kindergartener, testified and was cross-examined, but when the case […]
Upsetting The Apple Smart.
Plaintiff brought a class action against Apple, Inc., alleging that Apple falsely advertised iPhone 3G to be “twice as fast” as the iPhone 2G. The trial court sustained Apple’s demurrer and dismissed the action on the ground plaintiff failed to join the cellular network carrier for the iPhone 3G as a necessary party under Code […]
Misappropriation Of Likeness: “People Will Stare. Make It Worth Their While.” Harry Winston.
Plaintiff is a company that specializes in the protection of personal image rights, and is the assignee of two models who are not parties to the action. Plaintiff sued defendant for common law and statutory misappropriation of likeness based on defendant’s unauthorized display of the models’ images in connection with advertising cosmetic medical services. The […]
Court Erred In Not Considering Domestic Violence When Ordering Custody Of Children.
Without considering the effect of domestic violence restraining orders against the father or finding any significant change in circumstances, the trial court modified an earlier custody order which gave sole legal and physical custody of the children to their mother. The new order granted joint legal and physical custody to the parents. The appellate opinion […]
No Good Cause Shown To Continue Motion For Summary Judgment.
Code of Civil Procedure section 437c(h) provides that if it appears facts essential to justify opposition to a motion for summary judgment, upon a showing of good cause that an extension of time is needed to obtain those facts, “the court shall deny the motion, or order a continuance to permit affidavits to be obtained […]
Conviction Reversed Because Prosecutor Was Discriminatory In Jury Selection.
A federal appellate court reversed the California state court murder conviction of a 17- year-old Hispanic boy, after concluding the prosecutor excused too many Hispanic jurors. Each side could excuse 20 potential jurors from the jury. Here, the prosecutor excused 12, and 7 of those 12 were Hispanic. The Ninth Circuit Court of Appeals concluded the prosecutor […]
Strict Compliance With Three-Day Pay Rent Or Quit Notice In Unlawful Detainer Action Required.
In an unlawful detainer action, the defendant argued the three-day notice to pay rent or quit was defective because it gave a web address, but not a physical address where the rent should be paid. The trial court determined Code of Civil Procedure section 1161(2) did not specifically require a physical address to be listed […]
Suit Against City Based Upon Americans with Disabilities Act Will Proceed.
A paraplegic who uses a wheelchair filed suit, pursuant to 42 U.S.C. § 12101 [Americans with Disabilities Act; ADA] and Civil Code section 54 [Disabled Persons Act], against a City, alleging he experiences great difficulty, discomfort and fear for his safety when frequenting facilities in the City because none of the City’s on-street parking is […]
Child Slavery: “Those Who Deny Freedom To Others Deserve It Not For Themselves.” Abraham Lincoln.
Plaintiffs are former child slaves who were forced to harvest cocoa in the Ivory Coast in West Africa, working up to 14 hours a day six days a week with only scraps of food to eat. They filed claims under the Alien Tort Statute [28 U.S.C. §1350] against American companies alleging they aided and abetted […]
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