After young salmon died along the Russian River during a cold month in a dry year, federal scientists concluded the deaths were caused by abrupt declines in water level after water was drained to spray on vineyards and orchards. The State Water Resources Board adopted a regulation “that is likely to require a reduction in […]
Component Parts Doctrine Found Inapplicable.
Defendant company supplies sand for sandblasting to plaintiff’s employer. Plaintiff brought an action against defendant, alleging injury resulting from airborne toxins. Under the component parts doctrine, which states the manufacturer of a component part is not liable for injuries caused by the finished product, the trial court granted summary judgment in favor of defendant. The […]
Intersection Of Two Federal Laws In Unfair Competition Context.
The Lanham Act [15 U.S.C. § 1125] permits one competitor to sue another for unfair competition arising from false or misleading product descriptions. The Food, Drug and Cosmetic Act [21 U.S.C. §§ 321(f) and 331] prohibits the misbranding of food and drink, and gives exclusive enforcement authority to the federal government. In the present matter, […]
Failure To Exhaust Administrative Remedies Under FEHA Does Not Affect Subject Matter Jurisdiction Of Court And No Need To Prove Employer Had 5 Or More Employees Under FEHA For Harassment Based Upon Sex.
Apparently plaintiff did not like being hugged and patted on her behind by her boss. After a judge awarded plaintiff $60,000 against her former employer for sexual harassment, the defendant employer appealed, arguing plaintiff never proved she exhausted her administrative remedies or that the employer had at least five employees. The appellate court affirmed, stating: […]
Previously We Reported: Newspaper Entitled To Names Of Officers Records Involved In Shooting. Affirmed By California Supreme Court.
The Los Angeles Times made a request under California’s Public Records Act [Government Code section 6250] seeking the names of police officers involved in a December 2010 officer involved shooting in Long Beach as well as the names of officers involved in all shootings over the previous five years. The City initially said it intended […]
Another Unlicensed Contractor Case. “There Are Eight Million Stories In The Naked City. This Has Been One Of Them.”
California has a goal of precluding unlicensed contractors from maintaining actions for compensation, in order to assure contracting is performed by licensed contractors. There have been legions of cases involving one peculiar situation after another. In the instant matter, plaintiff, the live person, became a licensed general building contractor in 1995, and operated a sole […]
Traffic Camera Evidence Properly Admitted (Get Out Your Checkbook!).
A woman was cited for failing to stop at a red light. Evidence against her was generated by an automated traffic camera enforcement system [aka red light traffic camera]. She objected to the admission of the traffic camera photograph and 12-second video on the basis of lack of foundation. At her infraction trial, a City […]
No Duty To Defend In Disparagement Case.
An insurance company denied patent and trademark liability coverage to a manufacturer of goods and services because the suit did not allege the company disparaged its competitor. The appellate court agreed with the insurance company that it had no duty to defend. The case was eventually heard in the California Supreme Court which held: “We […]
Treatment For Eating Disorders Covered Under Health Care Plan.
Plaintiffs suffer from eating disorders and are covered by defendant health care provider. Defendant declined to provide health care coverage to treat their eating disorders. Health and Safety Code section 1374.72 [the Parity Act] mandates that every health care service plan “provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses . […]
Famous Last Words: “I’ll prepare the order, Your Honor.”
In a case where there was some confusion over the disbursement of settlement funds, the judge stated, “I’m going to issue an order to show cause,” and an attorney volunteered to prepare the order. That same day, the lawyer prepared the order for the court and sent a copy of it to all parties. The […]
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