Plaintiff and defendant entered into a written agreement whereby plaintiff would work as a resident manager of an apartment complex and receive free rent, $100 per month toward utilities, one telephone line and an internet high speed connection. Plaintiff thereafter brought a claim before the Labor Commissioner against defendant for not paying her a minimum […]
After Plaintiff Sued For FEHA Violations, Employer Discovered Plaintiff Used Someone Else’s Social Security Number When Hired.
After suffering a back injury at work, plaintiff filed a workers’ compensation claim, plaintiff was laid off from his job as a seasonal worker in the swimming pool chemical field. A few months later, the employer called and asked him whether he was recovered and ready to come back to work. Plaintiff said he was […]
“Running Into Debt Isn’t So Bad. It’s Running Into Creditors That Hurts.” — Unknown.
Plaintiff said that over a two-year period, he paid off his Dell computer, which he had financed. Dell’s records showed otherwise and, along with 85,000 other Dell financial debts, sold plaintiff’s debt to a debt collection company. Plaintiff brought a class action pursuant to 15 U.S.C. § 1692 [Fair Debt Collection Practices Act], alleging the […]
Prior To Cell Phones, Our Founders Wrote: “The Right Of The People To Be Secure In Their Persons, Houses, Papers, And Effects, Against Unreasonable Searches And Seizures, Shall Not Be Violated.” Fourth Amendment.
A California man was stopped for driving with expired registration. His car was impounded and an inventory search revealed loaded firearms. Incident to arrest, the man was also searched, and police seized his cell phone from his pants pocket. Police accessed information in the “smart phone,” and found significant evidence of gang involvement. In the […]
Exercise Can Be Rewarding.
An off-duty correctional officer was injured while doing jumping jacks exercise at home, and filed a worker’s compensation claim. Labor Code section 3600(a)(9), forecloses work comp coverage for an injury that arises out of “voluntary participation in any off-duty recreational, social, or athletic activity not constituting part of the employee’s work-related duties, except where these […]
Plaintiff Allowed 128.7’s Safe Harbor Period To Come And Go Against Real Estate Agent, And The Court Ordered Her And Her Lawyer To Pay $60,000 In Defense Attorney Fees.
Plaintiff purchased a home from defendants. Two years later, plaintiff brought an action against defendants and their real estate agent to recover damages for their failure to disclose defective subfloors in the home. The real estate agent moved for terminating and monetary sanctions against plaintiff and her counsel pursuant to Code of Civil Procedure section […]
Protect Public School Students From Bullying At School.
An elementary school boy who is not a native English speaker, and has been diagnosed with a number of emotional disabilities including bipolar disorder, depression, attention deficit disorder and posttraumatic stress disorder, allegedly was forcibly restrained by other students, beaten, kicked, and forced to endure derogatory comments, epithets and ethnic slurs. The Legislature has imposed […]
Lawyer ’s Practice Got Too Big To Control.
The first sentence of the State Bar Court opinion is: “This case illustrates ethical problems that arise when an attorney fails to supervise nonlawyers in a high volume law practice.” The lawyer’s loan modification practice grew quite large and he lost control of what was happening at one of his offices. When he discovered the […]
Too Late To Sue For Patent Defects.
In 1993, the Los Angeles County Metropolitan Transportation Authority (MTA) completed the rail station at 4th Street and Hill Street in Los Angeles. In 2011, plaintiff fell on a stairwell at the station. Alleging that the stairwell was “too small” and that its banister was “too low,” plaintiff sued the MTA. The MTA cross-complained against, […]
Passage Of Time Not Enough To Demonstrate Constructive Notice Of A Dangerous Condition Of Public Property.
After a man tripped and fell on the protruding base of a post on public property, he filed an action against a city. The trial court granted summary judgment in favor of the city after finding the city lacked constructive notice of a dangerous condition. On appeal, plaintiff contended that based solely on the length […]
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