A man contracted with a home care agency to provide care for his wife who suffers from Alzheimer’s disease. The wife injured the caregiver, and the caregiver brought an action against the husband and wife for negligence and premise liability. The trial court granted summary judgment to the husband and wife, and the appellate court […]
The Confusing World Of Requests For Admissions.
In an appeal following a trial concerning a property line dispute, an appellant contended the trial court abused its discretion in denying costs after the other side failed to admit a request for admission. The requests for admissions asked the party to admit “the boundary lines between plaintiffs’ property and defendants’ property are accurately described […]
Motion In Limine Ruling Reviewed For Abuse Of Discretion.
In 2006, two stores in a center were robbed eight days apart. A jewelry store owner in the same center expressed concern to the center’s management about the lack of security. Instead of investing in security, the center’s owners and managers requested the local police department to step up security. Seven months after the first […]
General Jurisdiction; Specific Jurisdiction.
A non-resident of a California drug manufacturer is presently in a coordinated proceeding involving an alleged defective drug in a California superior court by concession. Identical defect claims have also been brought by non-residents of California in the same proceeding, but the manufacturer moved to quash service regarding the non-residents, claiming lack of persona jurisdiction. […]
When One Brings A Technical Summary Judgment Motion, One Must Also Meet All Technicalities, Both In The Trial Court And On Appeal.
Plaintiff was exposed to asbestos from the defendants’ products or activities when he worked in various construction trades. The trial court granted summary judgment in favor of all defendants. The appellate court affirmed as to all but one defendant, stating the majority of defendants met their initial burdens on summary judgment and the evidence and […]
Hospital’s Lien For Treating Injuries Caused By Insured Tortfeasor.
Three patients, covered under a Kaiser Permanente health plan, were treated at an emergency room after being injured in a car accident caused by a third party’s negligence. The third party had insurance through California Automobile Association [AAA] and Allstate Insurance Company. Kaiser provided coverage through an agreement it had with the hospital, but neither […]
No Preemption; Unfair Competition Law [UCL] Action May Go Forward.
Defendants are a trucking company in Long Beach, California and the company’s owner. The People, on behalf of the State of California, filed this action under Business and Professions Code section 17200, Unfair Competition Law [UCL] against defendants for misclassifying drivers as independent contractors and for other alleged violations of California’s labor and unemployment insurance laws. […]
Summary Of Documents Supported By Declaration Based On Information And Belief Found To Be Enough To Support The Grant Of Summary Judgment.
Evidence in support of a motion for summary judgment included the declaration based on information and belief of a lawyer representing the moving party in which he avers he has “personal knowledge of the foregoing, except as to those matters stated on information and belief.” He indicates in his declaration he reviewed the 80 documents […]
Yelp Cannot Misrepresent Its Filtering Methods.
Yelp operates a website that serves as a free social media website and search engine, available to the public at no charge. Users who register may post reviews about local businesses, and can rate a business using a star rating of one to five stars, with five stars being the highest rating. Yelp constantly battles […]
Teachers’ Names Need Not Be Disclosed Under Public Records Act.
The Los Angeles Unified School District has developed a statistical model designed to measure a teacher’s effect on his or her students’ performance in the California Standards Tests. This model yields a result—known as an Academic Growth Over Time (AGT) score—which is derived by comparing students’ actual scores with the scores the students were predicted […]
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