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 […]
If Class Proceedings Are Waived In An Arbitration Agreement, Arguments Under Public Policy Or Unconscionability Will Not Prevail.
Citing AT&T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742], and noting that the United States Supreme Court made it clear that states cannot require a procedure that interferes with fundamental attributes of arbitration, the California Supreme Court addressed whether a state’s refusal to enforce a waiver of class proceedings on grounds […]
Changing The Arbitration Rules In The Middle Of The Game.
After the U.S. Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742], Nordstrom made revisions to its employee arbitration policy contained in its employee handbook. These changes precluded employees from bringing most class action lawsuits. Weeks later, plaintiff filed a class action against Nordstrom, alleging violations of […]
No Common Law Duty For Businesses To Have Defibrillators Available.
minutes to arrive and then maneuver through the store, and were unable to revive the woman. The woman’s family filed an action in state court, and Target removed it to federal court. The suit contends that Target breached the duty of care that it owed to business customers by failing to have on hand within […]
Following The Rules Set At The Beginning Of The Arbitration Game.
When Bloomingdales hired plaintiff, she received a set of documents including advisement that its policy was to resolve disputes through arbitration unless she returned an enclosed form within 30 days electing, as the form put it, “NOT to be covered by the benefits of arbitration.” Plaintiff thereafter filed a class action against Bloomingdales for unpaid overtime […]
Junction Of Civil Procedure Statutes In Expert Exchange Context.
The trial court precluded plaintiff’s use of expert witnesses in a medical malpractice case on the ground plaintiffs unreasonably failed to timely disclose their designated trial experts after receiving a statutory demand from defendants. The initial trial date was February 14, 2012. Defendants served their demand for expert exchange on December 6, 2011 [70 days […]
Court Erred In Granting Summary Adjudication On Liability Alone.
After several years, one party to a contract decided it became economically infeasible to continue supplying its product at the contract price. When negotiations to resolve the issue failed, the other party filed suit and then moved for summary adjudication on the issue of liability for breach of contract, but not on the issue of […]
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