A computer was stolen from a medical center in 2011, containing an index dating back to the 1980s of over 500,000 persons’ names, medical record numbers, ages, dates of birth, and the last four digits of their Social Security numbers. The medical center informed those individuals of the theft. A few of the persons named […]
Game Playing In Expert Exchange Results In Preclusion Of Use Of Experts At Trial.
Neither plaintiff nor defendant timely disclosed experts pursuant to Code of Civil Procedure section 2034.260 in a medical malpractice case. Plaintiff instead filed a motion to disqualify defense counsel. Defendants offered to delay the expert exchange until after the court ruled on the disqualification motion. The trial court denied the motion and defendant made another demand […]
Something More Than Negligence Required For Elder Abuse.
Plaintiff contended a transitional medical care unit was understaffed and the staff was undertrained and the trial court sustained a demurrer of a hospital and health care system to the elder abuse cause of action. After being released from a hospital following surgery for a broken hip, a woman was sent to a transitional care […]
Government Claim Required.
Plaintiffs brought an action against a city for alleged tortuous conduct by a former member of the City Council. While a real estate project was making its way through the City’s approval process, the City’s mayor allegedly “extracted” $38,000 from plaintiff in loans and refused to repay her and then prevented approval of plaintiff’s project […]
Copyright Action Over The Film “Raging Bull” Timely Filed.
In 1980, MGM released and registered a copyright in the film “Raging Bull,” and continues to market the film today. The owner of the screenplay copyrighted in 1963 filed a copyright infringement action against MGM in 2009. A federal district court granted summary judgment to MGM under the doctrine of laches, and the Ninth Circuit affirmed. The […]
Trial Court Erred In Decertifying Class Action.
After granting class certification against a retail chain that did not supply chairs to its cash register employees, the trial court granted the chain’s motion for decertification. The appellate court reversed, stating: “We conclude that, under the analytic framework promulgated by Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, [273 P.3d 513, 139 […]
“ Special Mission ” Exception Not Applied To “ Going And Coming Rule. ”
Under the going and coming rule, travel to and from work ordinarily is not considered within the course and scope of employment, but travel undertaken as part of a special mission is. Here a prison employee would have ordinarily left work and traveled home after his regular shift ended at 10:00 p.m. on a Friday […]
Trial Court Lacked Authority To Decide Enforceability Of Arbitration Agreement.
Several years after she was hired, plaintiff signed an employment arbitration agreement. One of the agreement’s provisions stated: “The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any […]
Different Result In Similar Asbestos Case Decided A Few Weeks Later.
A case involving similar allegations was decided a few weeks later, this time with a different result. In the second case, it was the worker’s wife who was exposed to asbestos which adhered to her husband’s clothing when he worked for a railway during the 1970s. She sued on a theory of premises liability, contending […]
Life Insurance Policy In Dissolution Of Marriage Proceeding.
During a 20-year marriage, the husband used community property funds to purchase an Life Insurance Policy on his life, naming his wife as the policy’s only owner and beneficiary. The trial court ruled the Life Insurance Policy was community property because it was acquired during the marriage with community funds. The trial court awarded the Life […]
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